THE CONTRACT

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 person signing the Booking Form warrants as a fundamental term of the contract both that he or she is authorised to do so by each passenger named on the Booking Form (and, where such passenger is under 18, by his or her parents or guardian) and that all passengers (and, when a passenger is under 18, his or her parents or guardian) agree to be bound by these conditions and the general information given in the brochure.

2. No contract exists until the Company has received a signed Booking Form and a deposit of 10% of the total fare due (or full payment for bookings within 70 days of departure), and the Company has sent confirmation of the booking in writing to the passenger who signed the Booking Form. Tickets are normally sent about two weeks before departure. There is no charge for payment of deposit by credit card, but a 3% charge applies to balance payments. There is no charge for payments by cheque, debit or switch cards.

3. It is expressly agreed that all passengers and their luggage are carried subject to the Conditions of Carriage of the airlines and Discovery Shipping Limited, some of which limit or exclude liability. Copies of these conditions will be sent with the tickets and are available earlier on request. Any compensation payable for nonperformance or improper performance of land, sea and air carriage services shall be limited in accordance with the international conventions which govern such services.

4. For bookings made through an approved ABTA Travel Agent, the Agent holds any monies paid on behalf of the Company.

5. 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 ten weeks before departure or by return post/credit or debit card for bookings taken within eleven weeks of departure.

PRICES AND SURCHARGES

6. The Company reserves the right to alter the prices shown in the brochure at any time. The prices confirmed to the passenger signing the Booking Form by the Company at the time of booking will only be changed in the following circumstances:

The Company has the right to increase or decrease prices in line with any change in VAT, other dues or fees chargeable for the services included in the cost of your holiday, such as environmental taxes, landing taxes or embarkation or disembarkation fees, security charges, visa charges, transportation (all forms) costs, including the cost of fuel.

Should it be necessary to make any surcharges, you will be notified of the relevant adjustments on your final invoice which you will receive approximately 10 weeks before your departure. In any event we will absorb all such increases where they form less than 2% of the total cost of your holiday (excluding any insurance or cancellation or amendment premiums). Only amounts in excess of this 2% will be charged.
If any surcharge means you paying more than 10% on the cost of your holiday, you will be entitled to cancel your cruise with a full refund of all monies paid (except insurance and amendment charges). Should you wish to cancel in these circumstances, you must exercise the right to do so within 14 days from the date of the invoice we issue.

ADDITIONAL PASSENGERS, NAME CHANGES & OTHER AMENDMENTS

7. Extra passengers may be added at any time provided that space still exists and that a further deposit (or full payment, as relevant) per passenger is received by the Company. Except where a booking involves scheduled (as opposed to charter) flights, name changes may be made for an administration charge of Ј30 per name. If scheduled flights are involved in any name change, the company will, upon request, quote the charge necessary. Any other changes made by the passenger which reduce the overall cost of the holiday will also incur a Ј30 per person administration charge.

CANCELLATION BY A PASSENGER

8. Any passenger's booking may be cancelled at any time. Cancellation will take effect when the Company has received written notice of cancellation signed by the passenger who signed the Booking Form. Cancellation charges payable to the Company are:

Some reasons for cancellation are usually covered by your travel insurance. In such cases your insurance company will refund the cancellation charge less the insurance premium and any policy excess.

CANCELLATION OR ALTERATION BY THE COMPANY

9. The Company reserves the right at its sole and absolute discretion at any time to cancel, postpone or alter with out prior notice or consultation any cruise in whole or in part in order to safeguard its passengers, its employees or the vessel in the event of war or the threat of war, political unrest, terrorist activity or the threat of terrorist activity, nuclear disaster, riots, civil strife, adverse weather conditions or other similar events, or for any other valid reason. If in such circumstances the Company cancels a cruise before the scheduled departure date it will offer, when possible, a subsequent alternative departure of similar standard, or the choice of a full refund of all monies paid, less any insurance premiums paid. If in such circumstances the Company cancels a cruise after the start, it will return passengers as soon as practicable to the UK and make a proportionate refund for any unused services, less any insurance premiums paid and any non-recoverable expenses incurred. If in such circumstances the Company alters the planned itinerary, only any shore excursion differentials will be refunded. If the majority of ports that we aim to visit during any one cruise have to be changed on Foreign Office advice before that cruise commences, then we undertake to offer clients an equivalent alternative itinerary or a refund of the cost of their cruise in full. In such circumstances above the Company shall not be liable to pay compensation, nor shall passengers have any further claim against the Company.

10. The Company is unable to guarantee that the ship will call at every advertised port or follow every part of the advertised route. The Company will at all times endeavour to maintain the advertised programme but reserves the right at its sole discretion to make any alterations it deems necessary. If for any reason the details of a cruise have to be altered before departure (and subject to Clause 9 above) the Company will notify the person who signed the Booking Form as soon as possible.

11. 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.

12.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.

CONDUCT AND BEHAVIOUR

13.If the behaviour of any passenger is considered likely to cause offence, damage, danger or distress to others, or damage to the ship, the Company reserves the right at any time to cancel or terminate that passenger's cruise with out compensation or refund but with full liability of the passenger for any extra costs or expenses incurred, including the cost of repatriation.

COMPLAINTS

14.Any passenger who encounters a problem during their cruise must in the first instance report it to the Hotel Director on the ship and ensure that the issue is entered in the Company's Cruise Comment Book on board. If the matter cannot be put right on the spot, the passenger should write to the Company within 28 days of the end of the trip. The Company will answer any letter of complaint within 28 days of receipt. Disputes arising out of, or in connection with, this Contract which cannot be amicably settled may be referred to arbitration, if the customer so wishes, under a special Scheme which, although devised by arrangement with the Association of British Travel Agents, is administered quite independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be supplied on request. The Scheme does not apply to claims for an amount greater than 5,000 sterlings per person. There is also a limit of 25,000 sterlings per Booking Form. Neither does it apply to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. The rules of the Scheme provide that the application for arbitration must be made within nine months of the date of return from the holiday but in special circumstances it may still be offered outside the period.

APPLICABLE LAW

15. The Contract and all other proceedings arising out of or in connection with it shall be governed by English law. The Courts of England are to have jurisdiction to settle any disputes which may arise in connection with the Contract, but if and in so far as a claim against the Company is governed by the Athens Convention it may be brought in any Court specified in Article 17 thereof.

CONDITIONS OF CARRIAGE BY SEA

16.Travel on board the ship is subject to the shipping company's Conditions of Carriage, some of which limit or exclude liability in accordance with international conventions. Copies of these conditions will be sent with tickets and are available earlier upon request.

17. If for any reason despite the above paragraph, the Company would be otherwise liable in connection with carriage by sea the provisions of the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 (‘the Athens Convention') and any modification thereof which may be in force at the time, may be applicable to the contract. The Company draws each passenger's attention to the fact that the Athens Convention in most cases limits the carrier's liability for death or personal injury or loss of or damage to luggage and makes special provision for valuables. The Athens Convention presumes that luggage has been delivered undamaged unless written notice is given to the carrier before or at the time of disembarkation or redelivery in the case of apparent damage, and in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or re-delivery or from the time when such re-delivery should have taken place. If and in so far as the Athens Convention is applicable to the contract the Company shall be entitled to the benefit of all limitations, rights and immunities conferred by the Athens Convention. Without Prejudice to the generality of the foregoing provisions of this condition any damages payable by the Company up to the Athens Convention Limits shall be reduced in proportion to any contributory negligence by the passenger and by the maximum deductible specified in Article 8 (4) of the Athens Convention.

CONDITIONS OF CARRIAGE BY AIR

18.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.

19.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 for death or bodily injury and for baggage loss, delay or damage. For many air carriers, including all European Community 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.

OTHER ARRANGEMENTS

20.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 arrangements made by the Company, the Company will, where appropriate, provide every assistance that it can up to a maximum value of 5,000 sterlings per Booking Form.

FINANCIAL PROTECTION

21.The holidays in this brochure which include air travel are operated by Swan Hellenic which is a trading division of All Leisure Holidays Ltd under its Air Travel Organisers Licence (ATOL 3897) granted by the Civil Aviation Authority, who require us to arrange a bond to protect the money paid to us for all air-inclusive holidays. For all other cruises, a bond is held by ABTA. Both of these organisations hold bonds to protect the money paid for your holiday. Swan Hellenic is also a member of AITO and the Passenger Shipping Association.

THE AITO QUALITY CHARTER

AITO is the Association for independent and specialist holiday companies. Our member companies, usually owner-managed, strive to create overseas holidays with levels of professionalism and a shared concern for quality and personal service. The Association encourages highest standards in all aspects tour operating.

EXCLUSIVE MEMBERSHIP

AITO sets criteria regarding ownership, finance and quality which must be satisfied before new companies are admitted membership. All members are required to adhere to a of Business Practice which encourages high operational standards and conduct.

FINANCIAL SECURITY

AITO members are required to protect money paid by customers to the member for any holiday sold under the AITO logo and to comply with UK Government Regulations respect. Members submit details of their bonding and guarantee arrangements to the Association on a regular basis.

ACCURATE BROCHURES AND WEB SITES

All members do their utmost to ensure that all their brochures other publications, print or electronic, clearly and accurately describe the holidays and services offered.

PROFESSIONAL SERVICE AND CONTINUAL IMPROVEMENTS

All members are committed to high standards of service believe in regular and thorough training of employees. Members continually seek to review and improve their holidays. They listen to their customers and always welcome suggestions for improving standards.

MONITORING STANDARDS

AITO endeavours to monitor quality standards regularly. All customers should receive a post-holiday questionnaire the results of which are scrutinised by the Association.

RESPONSIBLE TOURISM

All members acknowledge the importance of AITO's Responsible Tourism guidelines, which recognise the social, economic and environmental responsibilities of tour operating. Those demonstrating their achievements beyond the pure acceptance of this principle are recognised by the award or 3 star status.

CUSTOMER RELATIONS

All members endeavour to deal swiftly and fairly with any their customers may raise. In the unlikely event that a dispute between an AITO member and a customer cannot settled amicably, AITO's low-cost Independent Dispute Settlement Service may be called upon by either side to the matter to a speedy and acceptable conclusion.