Last updated: April 2015
1 THE CONTRACT
1.1 The contract is between All Leisure Holidays Limited trading as “Swan Hellenic” (‘The Company’) and each person booking with the Company (including the parents or guardian of any person under 18 years of age) (“the Passengers”). Please note that information contained in the section headed “General Information” in our brochure or in these or any other comparable sections, and any other relevant information on our website also form part of your contract with the Company.
1.2 The Lead Passenger warrants as a fundamental term of the contract that he/she has read and agrees these terms and conditions and has the authority by each Passenger named on the confirmation invoice to be bound by them. Unless otherwise indicated, the Lead Passenger warrants that the Passenger information given may be used by the Company or its partners for future marketing purposes.
1.3 A binding contract comes in to place when you pay the full deposit (or where appropriate the full price) and a confirmation invoice is issued even if the Company is unable to confirm all holiday details (e.g. flights) at the time of booking. A confirmation invoice will be sent to the Lead Passenger. There is no charge for any payment made by debit card or payment of a deposit by credit or charge card but a charge will be made for any subsequent payments made by credit or charge card to cover the charges made by credit card companies.
1.4 The accuracy of all details on the confirmation invoice (and on any additional documents produced by the Company) will be deemed to have been accepted unless the Company receives notification to the contrary from the Lead Passenger immediately that the confirmation invoice is received. If you have not received your confirmation invoice within 7 days of booking your cruise please contact us immediately. If any errors in the spelling of Passengers names (as they appear on their passport) are not immediately identified and reported, any cost of rectifying the same at a subsequent date must be met by the Passenger. Please note that Passengers not following these instructions will be fully liable for any costs that may subsequently be incurred in rectifying these spelling errors at a later date. In the case of flight tickets and e-tickets these must be checked by Passengers and the Company must be notified of any errors immediately.
1.5 It is expressly agreed that all Passengers and their luggage are carried subject to the Conditions of Carriage of the airlines and shipping company used, some of which limit or exclude liability. Any compensation payable by the Company for non-performance or improper performance of land, sea and air carriage services shall be limited in accordance with the international conventions which govern such services by the carrier. See paragraphs 12 and 13.
1.6 For bookings made through an approved ABTA Travel Agent, the Agent holds any monies paid on behalf of the customer for the Company.
1.7 The Company reserves the right to cancel bookings and levy cancellation charges on the scale in section 8 below if balance payments are not received in full 16 weeks before departure or by return post/credit or debit card for bookings taken less than 17 weeks before departure. Travel insurance (where purchased through us or directly with a third party) does not form part of your contract with the Company or of any “package”.
1.8 The contract and all other proceedings arising out of or in connection with it shall be governed by English law and the jurisdiction of the English courts. Claims against the Company which are governed by EU Regulation 392/2009 relating to the Liability of Carriers of Passengers by sea in the event of accidents (or the Passenger Liability Regulation (EU 392/2009) and or Athens Convention 2002 and or in respect of non-international carriage by the Athens Convention 1974 and or in the case of river cruises. The Convention on Limitation of Liability for Maritime Claims 1996 (LLMC 96) as amended by SI 1998/1258 in the Court competent to hear such claims.
2 THE BOOKING PROCESS
2.1 A Deposit amount as set out in the most recent brochure or confirmed at the time of booking (or full payment for bookings taken within 112 days of departure) is due on booking. A higher Deposit amount may be payable if any supplier(s) require additional payments for a service prior to the balance due date. Payment of a Deposit means acceptance of these Booking Conditions. The Company takes no responsibility for credit card or foreign currency transaction processing fees levied by issuing banks.
2.2 If the Deposit and/or balance are not paid on time, the Company reserves the right to cancel the contract and apply any cancellation charges set out in section 8.
2.3 Passengers must be fit to travel. Any Passengers with reduced mobility or with other physical or mental disabilities or conditions which may require special treatment or assistance (including Passengers who may require the use of a wheelchair) must advise the Company prior to booking. They may be required to complete a questionnaire and upon receipt of which they may be asked to accept additional Booking Conditions before a confirmation invoice is issued and a contract entered into. See paragraph 10.
2.4 The Company may (at its discretion) offer Passengers at the time of booking a guaranteed cabin booking (a “Guarantee Cabin”). Under such offers a Passenger is guaranteed to receive a cabin of a specified type although the precise location of the cabin is at the Company’s discretion. The Company may (at its discretion) upgrade a Guarantee Cabin to a higher category cabin at no additional cost to the Passenger. The Company may allocate specific cabins under guarantee offers at any time up until the Passenger arrives on the vessel at the port of embarkation. Once Guarantee Cabins have been allocated, the Company is unable to accept Passenger change requests. If Passengers book one or more back-to-back cruises and one or more cruise includes Guarantee Cabins, it is possible that Passengers may be allocated different cabins on each cruise and may need to move between cabins on changeover day(s).
3 PRICE PROMISE AND PRICE CHANGES
3.1 The Company reserves the right to alter the published prices of any of the cruise holidays. Prices can go up or down. Passengers will be advised of the current price of the holiday that they wish to book before any contract is confirmed.
3.2 The Company guarantees that no surcharge will be added to the basic price of the Passenger’s cruise holiday once the booking has been confirmed irrespective of any subsequent fluctuation in currency exchange rates or increases in international air fares or other costs associated with the holiday. In return for this guarantee and its risk, the Company shall not be able to make any refunds in the event of favourable exchange rate variations or other decreases in costs that may result in the reduction of the selling price. This price promise only applies to the basic cost of the Passenger’s cruise holiday and does not apply to any optional or tailor made services including but not limited to insurance premiums, credit card charges, optional excursions or amendment fees.
3.3 The Company reserves the right to correct any errors in the brochures or on the websites at any time prior to the price being confirmed at the time of booking.
3.4 On very rare occasions the Company may have made a genuine mistake in the price quoted and subsequently confirmed to the Passenger for their cruise holiday. This may come to light at any point prior to departure and the Company are not obliged to honour the original price if a genuine mistake has been made in the pricing of a Passenger’s cruise holiday. The Passenger will be asked to meet any additional costs if they wish to go ahead with the holiday. However, should the Passenger not wish to meet these additional costs, the holiday will be cancelled and the Passenger will receive a full refund.
3.5 All outstanding balances on on-board accounts must be settled in full before the Passenger disembarks the vessel. If any Passenger fails to settle their on-board account then the Company shall be entitled to take whatever steps may be necessary to recover the monies due and shall be entitled to pass on to the Passenger any costs incurred in doing so.
3.6 Passengers must be aware that the holiday price quoted may include different points of departure and return from/to the UK. In such cases there may be additional costs associated with transfer between the two places not included in the holiday price that will be passed on to the Passenger.
3.7 The Company may decide, at any time, to advertise Saver Fares on selected cruises or cabin grades. These are subject to availability and the Passenger’s cabin number will not be allocated at the time of booking. Saver Fares per person and per couple are payable in full at the time of booking, 100% cancellation and amendment fees apply and cabin category, location and number will not be confirmed at the time of booking but allocated prior to departure. Fares are based on two people sharing one cabin. Saver Fares and Saver Fares per Couple exclude the complimentary chauffeur service to the port/ airport, car parking at the port, past passenger discount, back to back discount and coach transfer on all cruises. Loyalty discount of 5% cannot be applied to Saver Fares.
4 OUR RESPONSIBILITY AND SHORE EXCURSIONS
4.1 Except where otherwise expressly stated in these Booking Conditions, we regret that the Company cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss as a result of Force Majeure. In this Contract, “Force Majeure” includes any event which the Company or any supplier of the service(s) in question could not even with all due care, foresee or avoid. Such events may include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, technical problems with transport, closure of airports, ports or airspace, changes of schedules by airlines, adverse weather conditions, epidemics, health risks and pandemics, fire, closed or congested airports or ports and all similar events outside the control of the Company and our suppliers.
4.2 The Company is not responsible for any improper or nonperformance of any services of the package holiday which are wholly attributable to the fault of the Passenger, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any of the services to be provided under the Contract; unusual and unforeseeable circumstances beyond the control of the Company and/or the relevant supplier, the consequences of which could not have been avoided even if all due care had been exercised including (but not limited to) an event of Force Majeure; or any event which the Company and / or relevant suppliers could not even with all due care have foreseen or forestalled. In the event that the Company is responsible for any death, injury or illness caused by the negligent acts and / or omissions of its suppliers of services which form part of the Package then the Company limits its liability, where applicable, by the International Conventions.
4.3 Where death and or personal injury and or loss of or damage to property occurs during carriage by air or by sea then the liability and the extent of damages recoverable will be dealt with by their conditions of carriage and the International Conventions set out in paragraphs 12 and 13 and not otherwise.
4.4 Where there is any loss of or damage to property including luggage which is not covered by any International Convention and where liability is not limited by reference to any enactment, terms or conditions, then any legal liability that the Company may have for any such losses or damage will not exceed £500 per Passenger.
4.5 Notwithstanding anything to the contrary elsewhere in this Contract, the Company shall not in any circumstances be liable to the Passenger for any loss or anticipated loss of profit, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature. Shore Excursions
4.6 Where the Company provides or sells a shore excursion to the Passenger the Passenger shall be bound by the terms and conditions of the supplier of the shore excursion.
4.7 The Company does not perform shore excursions which it sells to Passengers. These are performed by local operators who may themselves engage the services of third party suppliers. The Company will at all times endeavour to appoint reputable and competent operators who comply with all prevailing local rules, regulations and standards. It should be noted that, outside the UK, standards of hygiene, accommodation and transport might differ from comparable standards in the UK.
4.8 Local laws and regulations of the relevant country will be applied to assess the performance of suppliers and the Company. The Company’s legal obligations will have been performed if the supplier has complied with local laws and regulations even if the laws of England have not been met.
4.9 In the event of an excursion being cancelled, the Company will take all reasonable steps to ensure that Passengers are offered a choice of an alternative excursion and/or a full refund in the case of optional excursions.
4.10 Passengers cancelling optional excursions or packages prior to departure, which include hotel accommodation or flights, will be refunded in accordance with the schedule set out in clause 8.1. Passengers cancelling these optional excursions or packages after departure will not be entitled to a refund. If in such cases the cancellation is due to ill health a supporting letter from the ship’s Doctor (charges may apply) may enable Passengers to make a claim on their Travel Insurance Policy. Any Passenger that fails to attend an excursion for whatever reason will be deemed to have cancelled.
4.11 Passengers wishing to change optional excursions that do not include hotel accommodation or flights will be allowed to do so, on presentation of the appropriate ticket(s) at the shore excursion desk during the advertised opening hours and at least 72 hours prior to the ship’s arrival in the excursion port. Any amended booking will be treated as a new booking and the price charged (if applicable) will be set at the prevailing on board price which may be higher than the original brochure price for the same excursion. Any excursions that are cancelled by the Company will have their balance credited to the Passenger’s on board account.
4.12 Any changes to optional excursion arrangements requested by Passengers less than 72 hours prior to the ship’s arrival in the excursion port will only be allowed subject to availability and the terms and conditions of the excursion operator and full cancellation charges may apply if the requested change cannot be accommodated. All other conditions are as (4.6) above.
4.13 The Company is not responsible for the performance of and has no liability for shore excursions which are not sold by the Company. Passengers are advised to take great care in purchasing shore excursions from third parties in the ports to ensure they are safe and are covered by insurance.
4.14 Details of the shore excursions will be sent to Passengers in “Your Cruise Book” prior to departure. Activity levels are detailed to help Passengers select excursions appropriate to their physical ability. The Passenger should consider the activity level of the excursion and the accessibility of the port, which may require the use of tenders. In the interests of the Passengers health and safety and that of our staff and other Passengers, the Company reserves the right to decline the Passenger from participating in an excursion if it is deemed unsuitable; this decision will be made by the Ship’s Captain or his representative and is binding.
5.1 Where Passengers purchase insurance through the Company, the Company is acting as an agent for the named insurance provider and that the purchase will be subject to that insurance provider’s terms and conditions which will be sent to them with their policy documents or provided in advance of purchase upon request.
5.2 It is a condition of booking that each Passenger has adequate travel insurance in force for the entire duration of the holiday. If Passengers do not purchase the insurance offered by the Company, then details of the alternative insurance policy (which must as a minimum cover medical charges, cancellation, curtailment, evacuation (from the vessel) and repatriation costs for not less than £5 million) must be provided at the time of booking if possible, but no later than six months prior to the scheduled date of departure or at the time of booking if bookings are made within six months of the date of departure.
5.3 The Company is not responsible for checking that Passengers have the correct level of insurance and will not be liable for any costs, howsoever arising, in excess of any travel insurance cover purchased. In particular Passengers should check that their insurance arrangements cover all likely scenarios should they have to cancel their cruise and for any pre-existing medical conditions.
6 PASSPORTS & VISAS
6.1 t is the responsibility of all Passengers to check and fulfil the passport, visa, and immigration requirements applicable to their itinerary. Our Consular Services Department can obtain visas for British Citizens for the countries that require them prior to departure. Other nationalities should check passport and visa requirements for their own specific circumstances with the relevant Embassies or Consulates as applicable.
6.2 Passengers must understand that passport, visa and immigration requirements do change. Passengers are responsible for checking the up to date position in good time before departure.
6.3 For Passengers leaving the UK, the Company requires a full 10 year British passport valid for at least six months after the date of return for all UK citizens. Passengers who are not British Citizens or who hold a non British passport, must check passport and visa requirements with the Embassy or Consulate of the country (ies) to or through which they intend to travel.
6.4 All Passengers must ensure that they have the correct travel documents in their possession before departure. Passengers may incur fines if they fail to comply with documentation or visa requirements. The Company will re-charge to the Passenger any such fines that have been paid by the Company on the Passenger’s behalf.
6.5 The Company does not accept any responsibility for Passengers who are denied disembarkation or are unable to travel, or who incur any other loss because they fail to comply with any passport, visa, or immigration requirements. Cancellation of any part of the holiday that arises due to problems with visa/passport, or immigration requirements will be subject to cancellation charges set out in section 8.
7 CHANGES TO BOOKING DETAILS BY PASSENGERS
7.1 The Company will do its utmost to ensure that amendments requested by Passengers are accommodated, but the Company makes no guarantee that these requests will be met. Any change request must be made by the Lead Passenger and the Company reserves the right to pass on the costs of making any such changes. Passengers must be aware that charges associated with amendments are likely to increase nearer to the date of departure.
7.2 Additional Passengers or cruises may be added to a booking at any time subject to availability. In each case a deposit (or full payment, as relevant) per additional Passenger will be required by the Company and all other booking conditions must be met before the new contract exists.
7.3 Requests for significant amendments to booking details (e.g. change of sail date) received before the balance due date will be treated as a new booking. At the Company’s sole discretion, the original booking will either be deemed cancelled (and be subject to the cancellation charges set out in section 8), or will be deemed amended (and be subject to an Amendment fee of £100 per Passenger). A maximum of one change of sail date per booking will be considered for an Amendment fee of £100 per Passenger as long as the change to the sail date is requested at least 112 days before the booked departure date. Any deposit paid, discount applied or promotion applicable to a booking that is cancelled or amended will only be transferred to a new booking at the Company’s discretion. Any offers currently available on the cruise that the Passenger wishes to transfer their booking to will also only be applied at the Company’s discretion.
7.4 For amendments to booking details received before the balance due date (e.g. Passenger name changes) an administration charge of £50 per Passenger affected will be charged. If name changes are required to scheduled flight details, the charge may be significantly more than £50 per Passenger and will be quoted on request. Passengers should also be aware that airlines may not allow transfer of Passenger names and in such cases a flight booking might need to be cancelled and rebooked, subject to availability, and at the Passenger’s expense.
7.5 After an amendment is applied a new confirmation invoice will be issued at which point the contract will be deemed to be amended accordingly.
8 CANCELLATION BY A PASSENGER
8.1 A Passenger may cancel a booking at any time. Cancellation will take effect when the Company has received written notice of cancellation signed by the Lead Passenger. Cancellation charges payable to the Company are:
|Period before departure
within which the Company
|Cancellation charge per
|After payment of deposit||Loss of deposit|
|112 to 60 days before departure||60% of holiday charge*|
|59 to 29 days before departure||90% of holiday charge*|
|28 days or less before departure
to departure date
|100% of holiday charge*|
*For certain holidays and services the cancellation charge will be 100%. The Passenger will be informed of this at the time of booking.
8.2 The Company may incur costs from the time a Passenger’s booking is confirmed and may be unable to resell a cruise holiday. Therefore, the above cancellation charges will be payable depending on when notification of cancellation is received from the Lead Passenger. Charges for optional services including, but not limited to insurance premiums, credit card charges, pre-booked optional excursions and amendment fees are not refundable in the event of cancellation.
8.3 If the Passenger has paid an additional charge to secure specific tailor made services such as a change of airline or date of travel or to secure a special airfare or upgrade, this cost is non-refundable in the event of cancellation as 100% cancellation fee may apply as soon as the booking is made and the ticket is issued. Passengers should ask for full details of cancellation charges at the time of booking but the scale of charges shown will be calculated on a % of the cost of all other arrangements and the non-refundable charges will be added to that cancellation charge to give the total charge.
8.4 A Passenger will not have a right to exclusive occupancy of a cabin with two or more berths unless any applicable single occupancy premium has been paid. In the event of a Passenger becoming a single occupant of such a cabin due to a cancellation, he/she will become liable to pay any applicable single occupancy premium. Passengers are advised that certain reasons for cancellation are covered by their travel insurance.
9 CANCELLATION OR ALTERATION BY THE COMPANY
9.1 The Company reserves the right at its sole and absolute discretion at any time to cancel, postpone or alter without prior notice or consultation any cruise in whole or in part in order to safeguard its Passengers, its crew, its employees or the vessel in the event of war or threat of war, political unrest, terrorist activity or threat of terrorist activity, nuclear or natural disaster, riots, civil strife, adverse weather conditions or other similar events as previously defined (“Force Majeure”) or for any other valid operational reason. If the majority of ports that the Company aims to visit during any one cruise have to be changed on UK Foreign Office advice before the cruise commences, the Company undertakes to offer Passengers an alternative cruise or refund of the cost of their cruise in full, less any optional charges paid including but not limited to insurance premiums, credit card charges, pre-booked optional excursions and amendment fees.
9.2 If under clause 9.1 the Company cancels a cruise before the scheduled departure date it will offer, when possible, a subsequent alternative departure of similar standard (which must be accepted in writing within 14 days of the offer being made), or the choice of a full refund of all monies paid, less any optional charges paid including but not limited to insurance premiums, credit card charges, prebooked optional excursions and amendment fees.
9.3 If under clause 9.1 the Company cancels a cruise after the scheduled departure date, it will return all Passengers as soon as practicable to the UK and make a proportional refund for any unused services, less any optional charges paid and any nonrecoverable expenses incurred.
9.4 If under clause 9.1 the Company alters the planned itinerary only, refunds will be limited to any balances outstanding on shore excursions.
9.5 In any of the circumstances mentioned above the Company shall not be liable to pay any compensation, nor shall Passengers have any further claim against the Company.
9.6 The Company and the Captain of the ship are unable to guarantee that the ship will call at every advertised port or follow every part of the advertised route. They will at all times endeavour to maintain the advertised programme but reserve the right at their sole discretion to make any alternations they deem necessary.
9.7 The Company also reserves the right to cancel any cruise by giving written notice at least eight weeks before departure if sales of that departure have not reached 70% of capacity. Under such circumstances clause 9.2 will apply and the Company shall not be liable to pay compensation, nor shall Passengers have any further claim against the Company.
9.8 The Company reserves the right at its sole and absolute discretion to use a substitute ship of similar standard to the original ship should it prove necessary to do so.
9.9 In addition to the rights of the Company, Aircraft and Ship’s Captains always have the right at their absolute discretion to vary any planned routing without prior notice or consultation if they deem it necessary to do so in the interests of safety.
9.10 Any flight details contained in the Company’s brochures and on confirmation invoices are provisional. Final flight details (including timings and routings) will be issued near to departure and may differ significantly from any provisional information previously provided.
9.11 If for any reason details of a cruise have to be altered before departure (and subject to Clause 9.1) the Company will notify the Lead Passenger as soon as possible.
9.12 The Company will not be held responsible for, nor have liability in respect of, delays caused by third parties during passage through sea areas controlled by vessel traffic schemes, canals, rivers or any other navigable waterways.
9.13 In respect of cruise travel where the port of embarkation is in the EU and the Company reasonably expects the departure of a cruise to be delayed for more than 90 minutes beyond its scheduled departure time, Passengers departing from port terminal shall be offered free of charge snacks, meals or refreshments as are appropriate given the waiting time, provided they are available and can reasonably be supplied. If the delay in departure necessitates a stay of one or more nights or a stay additional to that intended by the Passenger where and when physically possible the Company shall, subject to the Package Travel Regulations 1992, offer Passengers departing from port terminals free of charge adequate accommodation on board or ashore, and transport to and from the port terminal and place of accommodation in addition to the snacks, meals and refreshments previously referred to. The maximum amount that the Company will pay for accommodation ashore and transport to and from the port terminal shall be equivalent to 80 Euros per person per night for a maximum of three nights. The Company will not have an obligation to provide such accommodation ashore where the delay is caused by weather conditions endangering the operation of the ship.
9.14 Where the Company makes any major change to a flight or cruise of any Passenger booking the Company will pay the Passenger compensation as per the table below unless the major change was as a result of Force Majeure.
9.15 The following examples which are not exhaustive may be considered as a major change a significant change of cruise itinerary, change of cabin to a lower category, change of time of departure or return flight by more than 12 hours. If a major change is not acceptable to the Passenger, the Passenger can cancel the cruise holiday booking and get a full refund less any insurance premiums, credit card charges or amendment fees paid, take an alternative cruise of similar or lower quality with a refund in the difference in price between the price of the cancelled cruise and that of the subsequent quality cruise.
9.16 The Company will pay compensation in respect of a major change whether the Passenger has accepted the major change or elected to cancel the cruise holiday. The level of compensation will be calculated as per the table below based on how many days prior to the cruise holiday departure the Company informs the Passenger of a major change. The level of compensation will be per adult in the booking and half of these compensation payments in respect of any child that has not paid the full fare. These standard compensation payments made in respect of any major change will not affect the Passenger statutory rights.
Table of standard compensation payments made in respect of a major change.
|Compensation if the
a major change
which the Passenger
|Compensation if the
Company makes a
major change and the
|112 days or more||Nil||Nil|
|14 days or less||£50||£20|
Compensation for a major change may be in the form of a price reduction/on board credit if the change is accepted by the Passenger or holiday vouchers if the Passenger cancels.
10 FITNESS TO TRAVEL ON THE CRUISE SHIP, PREGNANCY, BEHAVIOUR, DISABILITY OR REDUCED MOBILITY, MEDICAL AND MOBILITY EQUIPMENT
10.1 The Company’s priority is the comfort and safety of its Passengers who are asked to provide prior to booking as much information as possible regarding any special assistance that may be required in the port, during embarkation and on board the vessel. This information is required in order to ensure that the carrier is able to carry Passengers safely and in accordance with applicable safety requirements established by international, EU or national law or in order to meet safety requirements established by competent authorities including flag state.
10.2 Every Passenger warrants that he/she is fit to travel by sea and that his/her conduct or condition will not impair the safety of the cruise ship or inconvenience the other Passengers. The Company and the carrier reserve the right to require any Passenger to produce medical evidence of fitness to travel in order to assess whether that Passenger can be carried safely in accordance with applicable international, EU or national law.
10.3 It is the Passenger’s responsibility to advise the Company, at the time of booking, of any medical conditions or mobility limitations. If the Passenger’s condition changes after the booking is made the Company should be advised immediately. For the purposes of EU 1177/2010 Disabled Person’ or ‘Person with Reduced Mobility includes any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary) intellectual or psychosocial disability or impairment, or any other cause of disability, as a result of age, and whose situation needs appropriate attention and adaption to his particular needs for the service made available to all Passengers. Passengers with Reduced Mobility and or Disabilities must advise at the time of booking of their specific needs with regard to accommodation, seating or services required from the carrier or terminal operator, or their need to bring medical equipment, or to bring a recognised assistance dog on board the vessel or of any other known disabilities or who in the Carrier’s and or Master’s opinion is unfit or unable to travel or anyone whose condition may constitute a danger to themselves or others on board on the grounds of safety.
10.4 The requirement to notify the Company at the time of booking of any medical equipment required on board is to ensure that the medical equipment can be lawfully carried and/or carried safely. It is the Passenger’s responsibility to ensure that all medical equipment is in good working order and for arranging enough equipment and supplies to last the entire voyage. The ship does not carry any replacement and access to shore side care and equipment may be difficult and expensive. Passengers must be able to operate all equipment.
10.5 If it appears to the Company or the carrier, the Master or the Cruise Ship’s doctor that a Passenger is for any reason unfit to travel, likely to endanger safety, or likely to be refused permission to land at any port, or likely to render the Carrier liable for Passenger maintenance, support or repatriation, then the Carrier or the Master shall have the right to take any of the following courses: (i) Refuse to embark the Passenger at any port; (ii) Disembark the Passenger at any port; (iii) Transfer the Passenger to another berth or cabin; (iv) If the Cruise Ship doctor considers it advisable, to place or confine him/her in the Cruise Ship’s Hospital or to transfer the Passenger to a health facility at any port, at the Passenger’s expense (v) to administer first aid and administer any drug, medicine or other substance or to admit and/or confine the Passenger to a hospital or other similar institution at any port provided that the ship’s doctor and/or Master considers that any such steps are necessary.
10.6 The vessels have a limited number of cabins adapted for Persons with Reduced Mobility. Not all areas or equipment on the vessels are suitable for access to Disabled Persons or Persons with Reduced Mobility. Passengers must check with the Company at the time of booking to enable the Company to assess your needs with the performing carrier.
10.7 Those Passengers requiring the use of a wheelchair must furnish their own standard size wheelchair and must be accompanied by a travelling companion fit and able to assist them. Passengers must be able to board the vessel using the stepped gangway with the assistance of their travelling companion. The ship’s wheelchairs are available for emergency use only. Passengers must not use mobility scooters or motorised wheelchairs on board the vessel. If the Passenger wishes to take a mobility scooter or motorised wheelchair they must be gel or dry cell battery only with a width of no more than 78cm to enable access to the cabin. Motorised wheelchairs or mobility scooter must be stored in the Passengers cabin whilst the vessel is at sea. Each part should weigh no more than 23kg. Any Passenger taking a mobility scooter or motorised wheelchair aboard the vessel must reside in an adapted cabin. Use of a manual wheelchair is permitted on board the vessel for any Passengers residing in an adapted cabin.
10.8 Not all ports of call will be accessible by wheelchair and some ports may be by accessed by tender. The decision will be made by the Master of the vessel; it will be based on safety and will be binding. Passengers must check at the time of booking in order to avoid disappointment.
10.9 If there are any particular conditions, which require personal care or supervision then such personal care or supervision must be organised by the Passenger and at the Passenger’s expense. The vessel is unable to provide respite services, one to one personal care or supervision or any other form of carer for physical, psychiatric or other conditions.
10.10 In accordance with EU 1177/2010 where it is strictly necessary for the safety of the Passenger, the Company and or the carrier can require a Disabled Passenger or Person with Reduced Mobility before it accepts the booking that a Passenger is assisted by an accompanying person who is fit and able to provide the assistance required.
10.11 Assistance dogs are subject to national and EU Regulations regarding travel. It is the Passenger’s responsibility to check the position prior to the cruise and to be satisfied that the assistance dog can be carried to the ports of embarkation and disembarkation and that the dog is not prohibited from going ashore at the various ports of call. Assistance dogs must have all necessary papers and comply with national regulations regarding health, vaccinations, training and travel.
10.12 Where any mobility or other equipment is lost or damaged by the fault or neglect of the Company then it is the Company’s or carriers absolute decision as to whether to repair or replace such equipment. Unless the Company and or the Carrier agree otherwise and in writing Passengers are limited to bringing 2 items of such mobility or medical equipment on board per cabin with a total value not exceeding £2,200. All equipment must be capable of being carried safety and must be declared before the cruise. The Carrier may decline to carry such equipment where it is not safe to do so or where it has not been notified in time to enable a risk assessment to be carried out.
10.13 Where a Passenger is refused embarkation as a result of safety and/or fitness to travel and or failure to give notice under EU 1177/2010 or otherwise, neither the Company nor the carrier shall be liable for any loss or expense occasioned to the Passenger thereby, nor shall the Passenger be entitled to any compensation from the carrier.
10.14 Any Passenger who embarks, or allows any other Passenger for whom he or she is responsible to embark, when he or she or such other Passenger is suffering from any sickness, disease, injury or infirmity bodily or mental or to his/her knowledge has been exposed to any infection or contagious disease, or for any other reason is likely to impair the safety or reasonable comfort of other persons on board or for any reason is refused permission to land at his/her or her port of destination shall be responsible for any loss or expense incurred by the Company, carrier or the Master directly or indirectly in consequence of such sickness, disease, injury, infirmity, exposure or refusal or permission to land unless in the case of sickness, disease, injury, infirmity or exposure the same has been declared in writing to the Carrier or the Master before embarkation and consent in writing of the Carrier or the Master to such embarkation has been obtained.
10.15 Pregnant women are highly recommended to seek medical advice prior to travel at any stage of their pregnancy. Women who are up to 23 weeks pregnant at the end of the cruise are required to produce a medical certificate of fitness to travel. Ships cannot for safety reasons carry pregnant Passengers of 23 weeks or more by the end of the cruise. The Company and the Carrier reserve the right to request a medical certificate at any stage of pregnancy and to refuse passage if the Company and/or the Master are not satisfied that the Passenger will be safe during the passage.
10.16 The ship’s doctor is not qualified to deliver babies on board or to offer pre or post natal treatment and no responsibility is accepted by the Company in respect of the ability to provide such services or equipment. The cruise ship’s doctor is not a specialist and the ship’s medical centre is not required to be and is not equipped to the same standards as a land-based hospital. The vessel carries medical supplies and equipment as required by its flag state. Neither the Company nor the doctor shall be liable to the Passenger as a result of any inability to treat any medical condition as a result.
10.17 The Company and the carrier are entitled to administer a health questionnaire prior to boarding. All Passengers must follow the vessels instructions and procedures relating to all matters including health, safety, hygiene and security. Any Passenger boarding a ship at initial embarkation who has not filled in the required pre-boarding health declaration must inform the Company of any sickness and/or diarrhoea experienced less than 72 hours prior to embarkation. In the interest of Passenger’s safety the Company reserves the right at its discretion, to refuse boarding. In such circumstances the Company shall not be liable to pay any compensation, nor shall Passengers have any further claim against the Company. The Company and the carrier are entitled to request Passengers to remain in their cabins in the event of illness which is or may be infectious.
10.18 In the event of illness or accident, Passengers may have to be landed ashore by the Company and/or Master for medical treatment. The Company makes no representations regarding the quality of medical treatment at any port of call or at the place at which the Passenger is landed. Medical facilities and standards vary from port to port and the Company makes no representations or warranties in relation to such standards.
10.19 The Company does not accept any responsibility for Passengers unable to travel, or who incur any other loss because they fail to comply with any health formalities. The Company takes no responsibility for Passengers denied embarkation and/ or disembarkation on medical grounds. Cancellation of any part of the holiday that arises due to health requirements will be subject to cancellation charges as set out in Section 8.
10.20 Any cost or expense reasonably incurred by the Company for or on behalf of the Passenger in respect of any form of medical, dental or similar treatment, hotel, transportation, repatriation, damages to fixtures and fittings (including the soiling of soft furnishings i.e. mattresses) or any other expense shall be repayable by the Passenger to the Company irrespective of whether the sum is covered by the Passenger’s travel insurance arrangements.
10.21 If a Passenger is refused entry to board an aircraft because, in the opinion of the Captain or airline staff, the Passenger is unfit to travel or represents a threat to the safety of the aircraft or its Passengers or crew or is abusive or disruptive, the Company will not be liable to complete the Passengers holiday arrangements and will not be liable to pay any refund or compensation.
10.22 Unless approved by the Company in writing prior to departure, Passengers may not bring on board any controlled substances.
10.23 Passengers may not bring on board any prohibited substances, any animals or any goods of a flammable or dangerous nature. Doing so will render the Passenger strictly liable to the Company for any injury, loss, damage or expense suffered by the Company as a result. The Passenger will also be personally liable for any statutory penalties.
10.24 Passengers are required at all times to follow the instructions of employees and crew regarding the use of ship’s equipment (including hand sanitizers) and general behaviour whilst on board. The Company will not be responsible for any consequential injury, illness, financial or other loss incurred by Passengers if they fail to comply with the instructions they are given.
10.25 The Captain (or any employee or member of the crew authorised by the Master) will be entitled to search the cabin and/ or personal luggage of any Passenger suspected of being in breach of these clauses. In addition, any employee or crew member will be entitled to enter a Passenger’s cabin in order to carry out an inspection, or to undertake cleaning, maintenance or repair work.
10.26 The Company expects all Passengers to have consideration for other Passengers when travelling on our cruises and to treat all staff and fellow Passengers with respect. If in the Company’s opinion or the reasonable opinion of someone either in authority or from one of our suppliers (such as an airline) any Passenger acts in such a way as to cause or be likely to cause danger, breach of safety and or upset or distress to any of our staff, fellow Passengers or a third party or your behaviour impacts the smooth and or safe running of the cruise we are entitled to disembark the Passenger and terminate the cruise holiday. In such circumstances neither the Company or the relevant carrier will have any further liability and the Passenger will not be entitled to any refund for any part of the cost of their unused cruise package including any return travel arrangements, transfers or alternative accommodation etc.
10.27 Should any Passenger have the misfortune to suffer illness, injury or death during the period of the cruise arising out of an activity that does not form part of the arrangement made by the Company, the Company will, where appropriate, provide any assistance it can to the affected Passenger, such assistance being limited to a maximum cost incurred by the Company of £5,000 per booking.
10.28 The Company may invite various affinity groups of people with shared interests who choose to travel together onto a cruise. The Company does not envisage that this will materially affect the normal day to day operation of the ship but Passengers must accept that there may be occasions when certain facilities are unavailable whilst these groups are on board.
11.1 Any Passenger who encounters a problem during a cruise must immediately report it to the reception desk on the ship and ensure that the issue is recorded in the ship’s log together with any action taken to resolve it. If the matter cannot be resolved during the cruise, and the Passenger wishes to pursue a complaint, the Passenger must write to the Company within 28 days of final disembarkation to allow the complaint to be investigated properly. If the Passenger does not give the Company the opportunity to resolve the issue locally during the cruise by reporting it to a member of the ship’s crew at the reception desk and having the issue recorded in the ship’s log, then the Company may not be able to deal positively with any complaint on your return.
11.2 The Company is a Member of ABTA, membership number W0302. The Company is obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. The arbitration scheme is arranged by ABTA and administered independently by the Centre for Effective Dispute Resolution (CEDR). It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information can be found on www.abta.com.
11.3 Passengers are asked to make any complaints relating to EU Regulation 1177/2010 whilst on board the vessel. If the complaint is not resolved at this time you must make a formal complaint to the Company within 2 months from the date of the circumstances giving rise to the complaint. Within 1 month of receipt of the complaint the Company will respond informing the Passenger whether the complaint has been substantiated, rejected or is still being considered. The Company will provide a final response to the Passenger no later than 2 months after receipt of the complaint.
12 CARRIAGE BY SEA OR INLAND WATERWAYS AND LIMITATION OF LIABILITY
12.1 Carriage by sea is subject to the Carriers’ Conditions of Carriage which are contractually incorporated into the contract with the Company. Copies of the conditions of carriage will be sent to Passengers with their travel documentation but they can be provided in advance upon request. They are also available on board the ship and on the Company’s website. It is important that you read these documents as they set out your rights and obligations. They also contain limitations of liability.
12.2 The liability of the Company and the carrier to Passengers for international carriage by sea in respect of death, personal injury and or loss of or damage to luggage is governed by EU Regulation 392/2009 relating to the Liability of Carriers of Passengers by sea in the event of accidents by the provisions of the Convention Relating to the Carriage of Passengers and their Luggage by Sea 1974 as amended in 1976 (“The Athens Convention) for Domestic UK Carriage For the purposes of EU 392/2009, the Athens 1974 and 2002 The Company is a contracting carrier. EU Regulation 392/2009 may be viewed at: http://eurlex.europa.eu/LexUriServ/LexUriServ. do?uri=OJ:L:20 09:131:0024:0046:EN:PDF The Athens Convention 1974 may be viewed at: http://www.admiraltylawguide.com/conven/ passengers1974.html. The Athens Convention 2002 which comes into force on 23 April 2014 may be viewed at https://www.gov.uk/ government/uploads/system/uploads/attachment_data/file/261628/ Misc.6.2013_Prot_2002_Athens_8760.pdf or are available from The Company on request. EU Regulation 392/2009 and where applicable The Athens Convention 1974 or 2002 are contractually incorporated and applicable to the Contract, The Company shall be entitled to the benefit of all limitations, rights and immunities conferred by EU Regulation 392/2009 and where applicable the Athens Convention 1974 or 2002 in respect of any ship on which the cruise is performed.
12.3 EU Regulation 392/2009 and where applicable The Athens Convention 1974 (from April 23 2014 the Athens Convention 2002) limit The Company’s and the Carriers’ liability for loss or damage to luggage and make special provision for valuables. It is presumed that luggage has been delivered undamaged unless written notice is given to the Company and/or the performing Carrier. a) in the case of apparent damage, before or at the time of disembarkation or redelivery; or b) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place. Damages for cabin luggage payable by the Carrier are limited up to 2250 SDRs (approx. £2,081) if EU Regulation 392/2009 and or Athens Convention 2002 applies or where applicable the Athens Convention 1974 limit of 833 SDRs (approx. £770.40).
12.4 Limits shall be reduced in proportion to any contributory negligence by the Passenger and by the maximum deductible specified in Article 8 by the Passenger in accordance with Article 8 (4) of the Athens Conventions or EU Regulation 392/2009. All Claims must be brought in accordance with EU Regulation 392/2009 or where applicable the Athens Convention 1974 or 2002 within 2 years of the date of disembarkation from the ship.
12.5 In respect of domestic carriage in the UK, The Athens Convention will apply and the limits for death/personal injury are 46,666 Special Drawing Rights (SDR) (approx. £43,170) these limits may also apply to domestic cruises in the EU. Where the carrier’s principal place of business is in the UK the limits of liability per Passenger may be 300,000 SDR (approx. £277,500) per carriage. These limits will also apply where the ship is being used as for hospitality or as a venue and the vessel is going to sea in domestic waters.
12.6 In respect of international carriage EU Regulation 392/2009 and the Athens Convention 2002 apply the limits for death/ personal injury caused by a shipping incident, with the exception of circumstances beyond the Carrier’s control (i.e. act of war, natural disaster, act of a third party) to no more than 250,000 SDRs (approx. £231,200) per Passenger per carriage. Except for cases involving war and terrorism damages up to a further 150,000 SDRs (approx. £138,700) may be payable in respect of a shipping incident unless the Company or the carrier proves that the death or personal injury occurred without the carrier’s fault or neglect. Where death/ personal injury is caused by a non- shipping incident it is for the Passenger to prove that the death or personal injury was caused by the fault or neglect of the carrier. The maximum sum payable to any Passenger under EU Regulation 392/2009 is limited to 400,000 SDRs per Passenger per carriage which is approx. £370,000. The maximum sum payable in cases involving war and terrorism where the carrier is liable is 250,000 SDRs per Passenger per carriage or 340,000,000 SDRs per ship per carriage.
12.7 The Company and the carrier are not liable for valuables, monies or other securities including jewellery and watches. If they have been deposited with the reception desk on the ship for safe keeping and a receipt issued then in those limited circumstances the Company’s and the carriers liability will be as set out in EU Regulation 392/2009 or where applicable the Athens Convention 1974 or 2002. The use of safes on board a vessel is not a deposit with the ship or with the Company under the EU Regulation 392/2009 or where applicable the Athens Convention 1974 or 2002 or otherwise. The limits are 3,375 SDRs (approx. £3,122) pursuant to EU Regulation 392/2009 and the Athens Convention 2002 or 1200 SDRs (approx. £1,110) pursuant to the Athens Convention 1974.
12.8 An SDR is an international monetary unit. The exact value of an SDR fluctuates with the daily exchange rate. The daily exchange rate can be viewed at the international monetary Fund website http://www.imf.org/external/np/fin/data/rms_sdrv.aspx and an SDR converter is available at http://coinmill.com/GBP_SDR. html#SDR=46 666. The values in the booking conditions are those of 23 March 2015 and may fluctuate upwards or downwards.
12.9 In so far as the Company and its servants and/or agents and suppliers may be liable to a Passenger in respect of claims arising out of carriage by sea, the Company shall be entitled to all the rights, defences, immunities and limitations available, respectively, to the actual carrier and under the relevant Conventions, and nothing in this Contract shall be deemed as a surrender thereof. The Company’s liability will not at any time exceed that of the carrier under its Conditions of Carriage and/or applicable or incorporated conventions or other legislation.
12.10 Where carriage is performed on Inland waterways and the vessel does not go to sea the liability provisions relating to sea going vessels do not apply to the cruise. In those cases the liability of the Company and the carrier to Passengers shall be determined in accordance with English law and The Convention on Limitation of Liability for Maritime Claims 1996 (LLMC 96) as amended by SI 1998/1258 The Company’s liability pursuant to SI 1998/1258 a copy of which will be provided by on request or can be found at (http:// www.legislation.gov.uk/uksi/1998/1258/article/4/made). The limits for non-sea going Passenger vessels Is SDR 175,000 per Passenger limit (approx. $241,600 or £161,900). Liability for property claims will be at least SDR 1,000,000 under SI 1998/1258 (4(b)(i)). These limits will also apply where the ship is being used as a floating hotel or for hospitality or as a venue and the vessel is in port.
12.11 The Strasbourg Convention on the Limitation of Liability of Owners of Inland Navigation Vessels referred to as the “Strasbourg Convention” with protocols and amendments applies to vessels sailing on waterways located in the territory of a state party subject to (i) the “Revised Convention relating to the Navigation of the Rhine of 17 October 1868” and (ii) the “Convention of 27 October 1956 concerning the canalization of the Moselle” ( Article 15(1) of the Strasbourg Convention: http://www.ivr.nl/downloads/forms/B2.pdf). If the Strasbourg Convention applies the limits for Passenger claims are SDR 60,000 per Passenger subject to a minimum of SDR 6,000,000 (see Article 7). A copy of the Strasbourg Convention can be found at. http://www.ccr-zkr.org/files/conventions/clni_2012_ en.pdf. The Company’s and the carrier’s for death, injury, illness, damage, delay or other loss to person or property of any kind suffered by Passengers shall, in the first instance, be governed by the Convention on Limitation of Liability for Maritime Claims 1996 (LLMC 96) as amended by SI 1998/1258 or where applicable the Strasbourg Convention. The Company’s liability therefore shall not exceed those limitations provided by the said LLMC 1996 and SI 1998/1258 or where applicable Strasbourg Convention or in any further revisions, protocols and/or amendments thereto as shall become applicable. Where the LLMC 1996 or If applicable Strasbourg Convention permits us to apply a deductible, we may apply that deductible.
13 CONDITIONS OF CARRIAGE BY AIR AND LIMITATION OF LIABILITY
13.1 Travel on board aircraft used in travelling to and from the ship is subject to the airline’s standard ticket conditions, some of which limit or exclude liability in accordance with international conventions. These conditions can be found on the airline’s website or can be provided by the Company upon request.
13.2 If your air journey involves a destination or stop in a country other than the one from which you depart, the Warsaw Convention may govern the liability of all airlines involved in your journey, including any portion thereof in a single country. This Convention limits the liability of airlines involved in your journey, including any portion thereof in a single country. This Convention limits the liability of airlines for death or bodily injury and for baggage loss, delay or damage. For many air carriers, the Warsaw Convention limits for bodily injury or death and the defence that they have taken all necessary measures to avoid the damage for the first 100,000 Special Drawing Rights of any such claim do not apply. In addition, in cases of death or bodily injury, many air carriers will make advance payments to the person entitled to compensation, if required to meet immediate economic needs, in proportion to the hardship suffered. European Community carriers provide a minimum advance equal to not less than 15,000 Special Drawing Rights in the event of death. Other air carriers may apply alternate provisions.
Denied Boarding, Cancellation and Delay
13.3 Under EU law (EC Regulation 261/2004 you have rights in some circumstances to a refund and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However, reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in Clause 9. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount.
Airline Carrier Identity
13.4 In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by advising you of the carriers to be used or likely to be used at the time of booking. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change.
14 GUIDES AND GUEST SPEAKERS
14.1 Independent contractors retained by the Company, including but not limited to Guest Speakers, guides, guest personalities and entertainers are subject to change and/or cancellation without notice. The Company also retains the right to change any member of ship’s crew previously advertised or disclosed (e.g. the ship’s Captain) without notice.
15 FINANCIAL PROTECTION
15.1 We provide full financial protection for our package holidays.
15.2 For flight-based cruise holidays this is through our Air Travel Organiser’s Licence number 3897. When you buy an ATOL protected flight or flight inclusive cruise holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
15.3 If we 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) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by ABTA. License number W0302.
16 DATA PROTECTION