Your contract with Fred. Olsen Cruise Lines
These Terms and Conditions are correct as at the date of publication of this Brochure. Your booking will be subject to the most up-to-date version, which can be found at
www.fredolsencruises.com/Terms-and-Conditions
These terms and conditions should be read carefully. Any booking for a Fred. Olsen Cruise Lines Ltd. (“FOCL”) cruise holiday is accepted subject to these terms and conditions. Please inform FOCL (as defined below) directly if, prior to making a booking, you wish to raise any objection to any part of these terms and conditions (“the Conditions”). Please note that where a FOCL cruise is sold by another holiday operator, the terms and conditions of your contract with that holiday operator apply to the whole holiday. However, in such circumstances we will allow you to embark and will carry you on our vessel on the basis that the Conditions in clauses 7 to 10, 12, 13, 15 to 19, 21 to 23, 25 and 27 to 28 will apply as shipboard rules.
Definition and Interpretation
Definition “Booking” / “Booked” means the Passenger’s booking of a Holiday. “Cabin” – means a cabin or room on board a vessel. “Contract” means an accepted Booking by FOCL in accordance with clause 2.1 made between FOCL and the Passenger in accordance with these Conditions. “Departure Date” means day one of the Holiday as notified to the Passenger at the time of Booking and as amended from time to time at the sole discretion of FOCL in accordance with these Conditions. “FOCL” means Fred. Olsen Cruise Lines Limited with company number 02672435 and whose registered office is located at 2nd Floor, 64-65 Vincent Square, London, SW1P 2NU. “Force Majeure” means an unusual and unforeseeable event outside of the control of FOCL and includes but is not limited to war, threat of war, 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 or illnesses, unavoidable and unforeseeable technical problems with transport for reasons beyond FOCL’s control or that of any suppliers of FOCL, deviation at sea in response to a distress call or other emergency, closed or congested airports or ports, adverse weather conditions or adverse sea states, failure of power supplies, Passenger suicide or attempted suicide or a Passenger’s deliberate exposure to unnecessary danger (except in an attempt to save human life) or the consequences of participating in an unusual or dangerous activity. “Holiday” means any FOCL cruise holiday offered from time to time including flights where indicated but excluding any tours. “Passenger(s)” and/or “you” means a person who has entered into a Contract with FOCL for the supply of a Holiday and includes any specified person who will be participating in the Booked Holiday. “Price” means the price of the Holiday including / excluding those items as set out in FOCL’s Holiday brochure (as published and amended from time to time) or other promotional literature. The Price is non-refundable except as set out in these Conditions. “Shuttle Transport Services” means any form of transport offered to Passengers provided by a third party which may be available to Passengers in certain ports.
Interpretation
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality); (b) a reference to a party includes its personal representatives, successors or permitted assigns; (c) a reference to a statute or statutory provision:- (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 faxes and emails.
1. How to book
1.1 A Booking of a Holiday can be made with your travel agent or directly with FOCL Telephone: 0800 0355 101, Telefax: 01473 292410, Website:
www.fredolsencruises.com (as amended from time to time). Prior to making a Booking you should ensure that you have read and are prepared to accept these Conditions, and have available the information required to make the Booking.
2. The Contract
2.1 Once FOCL has accepted the Booking and all payments due at the time of making the Booking, (including the deposit and, where applicable, the full balance of the Price), a Contract between you and FOCL exists subject to these Conditions and covers the person or entity making the Booking and each and every Passenger in respect of whom the Booking is made (collectively referred to as ‘you’ in these Conditions). Unless expressly agreed by FOCL, the parties specified under a Contract as being the “Passengers” for the purposes of the Holiday may not be altered at any time. In addition the Holiday under a Contract cannot subsequently be amended or transferred to a lower priced Holiday other than as set out herein. Bookings must be accepted by FOCL and cannot be accepted by any third party. 2.2 FOCL has the right to refuse to accept any Booking even if the deposit and the full balance of the Price have been paid by you. 2.3 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. 2.4 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. 2.5 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 has no liability or responsibility to the Passenger in respect of such additional products sold via their agent or bought directly by them. 2.6 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 agree to perform those obligations and the Passenger agrees to pay any outstanding money to be paid by them under their contract with FOCL 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). 2.7
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. 2.8 Any Cabin, room or seat Booked or notified under a Contract may be changed to another of equivalent or higher standard at the sole discretion of FOCL or any other party acting as operator or carrier. 2.9 The Contract constitutes the entire agreement between FOCL and the Passenger and unless otherwise stated in these Conditions supersedes all other agreements, oral or written. 2.10 Where organised tours, Shuttle Transport Services, excursions or programmes are available during a Holiday, they are not part of the Contract, unless otherwise notified by FOCL. Where FOCL makes such tours available, it does so as agent for the operator of the tours and any amount paid is not part of the Price, whether or not the tours are booked or paid for at the same time as, or before or during, the Holiday. However, should FOCL, its employees, servants, agents or sub-contractors, the owner and operator of the vessel or any other person involved in the supply of services in connection with this Contract be deemed to have any liability in connection with such tours, this shall in all cases be subject to these Conditions. 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. 2.11 Where flights are taken in conjunction with a Holiday by a Passenger but are booked / purchased independently of a FOCL Holiday, then they are not part of the Contract and FOCL has no liability whatsoever in respect of such booked flights. 2.12 Holidays are planned far in advance and the Contract is for the Holiday Booked subject to alterations that may be made as a result of events, changes of circumstances or other factors that have occurred or arisen since the Holiday was planned. This is dealt with further below under clause 6 (“Alteration and Cancellation by FOCL”). 2.13 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 in respect of whom the Contract is made. The Lead Passenger shall be ultimately responsible for all payments due for the relevant Booking (whether or not the Passengers within the group are paying separately). FOCL, its employees, servants (including medical staff), agents and subcontractors, the owner and operator of the vessel and any other party involved in the supply of services in connection with this Contract shall all have the benefit of all rights, exemptions and limitations in these Conditions. In no circumstances will the total liability of all such parties exceed that of FOCL. 2.14 It is the sole responsibility of the Passenger to ensure that they check in on time for the Booked Holiday and allow plenty of time for doing so. It is the sole responsibility of the Passenger to ensure that they check in on time for any flights to / from the vessel including any interconnecting flights. Passengers are solely responsible for checking with regard to any flight delays or cancellations. 2.15 Passengers travelling independently, or via another tour operator, 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.
3. Deposit, alterations and final payment
3.1 Subject to clause 3.14, a non-refundable deposit of 15% of the Holiday price (or 100% for anchor fares) must be paid to FOCL at the time the Booking is made (see clause 5.1 below). Other payments may also be due at the time of Booking. 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 otherwise acting as your agent or as agent for FOCL. However, payment to or acceptance of any money by a travel agent or other third party, even if an agent of FOCL, does not constitute acceptance of a Booking by FOCL. Prior to acceptance of the Booking and all payments then due, FOCL has no obligation to the Passenger and may return or authorise the return of any payments made with no penalty and without providing a reason. 3.2 In the event that a Passenger’s name is mis-spelt upon booking, this may be corrected free of charge within 14 days of the date the booking was taken. Thereafter, a charge of £100 will be incurred. 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 35 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 conditions that the original Passenger was subject to. 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. By way of example, with regard to fly-cruises, any associated costs imposed by the airline will also be payable by the Passenger/Replacement Passenger. Please note that some airlines and other transport providers may not allow name changes and/or departure detail alterations such as date and time changes. Most airlines and other transport providers treat name and departure detail changes as a cancellation and charges may apply. In the event that the airline or other transport provider treats any such change as a cancellation, FOCL also reserves the right to treat the flight element of any Holiday as cancelled and the cancellation fees set out in clause 5 will then 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. 3.3 A request to transfer the Holiday under your Contract to an alternative Holiday may, in FOCL’s sole discretion, be accepted by FOCL on one occasion provided it is made more than 90 days before the Departure Date, or 180 days before the Departure Date for a Long Cruise (as defined at clause 3.14 below). 3.4 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. 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. 3.5 Where the alternative Holiday is cancelled by you, FOCL will be entitled to retain as a non-refundable deposit the higher of the deposit held by FOCL for the alternative Holiday and any non- refundable deposit that would apply in accordance with clause 5.1 below. 3.6 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 more than one request is made, or where FOCL has refused a request for a transfer, this will be treated as a cancellation and FOCL will be entitled to retain a non-refundable deposit in accordance with clause 5 below. 3.7 If an alteration would result in a reduction of the Price of the Holiday under the Contract of more than 25% then this will also be treated as a cancellation by you and the provisions of clause 5 will apply. 3.8 This clause 3 also applies to Save a Sail offers (see brochure or contact FOCL’s administration department for more details). 3.9 Subject to clause 3.12, FOCL must be in receipt of cleared funds for the balance of the Price due no later than 90 days before the Departure Date, for all Holidays (or such earlier date or time as specified at the time of making the Booking). For any Holidays Booked after this date, the full Price is due and must be paid at the time of making the Booking. Special payment conditions may apply to special or discounted Prices. If, for any reason, any payment due after Booking is not received by FOCL by the date due, FOCL has the right to treat this as a cancellation of the alternative Holiday by you and to retain any non-refundable deposit in accordance with the terms of this clause 3 and clause 5 below. 3.10 If, after a Booking is made via an agent, FOCL has reason to believe that the agent may be unable to meet its financial obligations then FOCL has the right to move the Booking / Contract to another agent or take the Booking / Contract on directly. 3.11 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: 3.11.1 The Booking was made on board a FOCL Vessel; 3.11.2 The Booking is transferred on board a FOCL Vessel; and 3.11.3 The travel agent to whom the Booking is transferred is approved by FOCL at the time of the transfer. 3.12 A 1.5 % surcharge will apply to payments for any Booking made by credit card. FOCL cannot accept American Express cards for any transaction. 3.13 For all special offer holidays, for example (but not limited to) Anchor Fares, 2 for 1 offers, BOGOF deals and Special Saver Fares, the full Price is payable at the time of the Booking. 3.14 For all cruises, a minimum non-refundable deposit of 15% of the Price will be payable at the time of booking (extra costs may also
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