apply for certain cruises). This reflects the minimum cost to FOCL of remarketing a cruise following cancellation. 3.15 For cruises of 28 days or longer (a “Long Cruise”), an additional non-refundable deposit of 15% of the Price will be payable 180 days before the departure date (so the total non-refundable deposit at 180 days prior to departure will be 30% of the Price). This reflects the additional cost and risk to FOCL of remarketing a Long Cruise following cancellation. 3.16 Where a Booking for a Long Cruise is made within 180 days of the departure date, a non-refundable deposit of 30% of the Price will be payable upon booking. The balance for such bookings will be payable 90 days prior to departure. The Passenger’s entitlement to a refund for a Long Cruise upon cancellation (if any) will be determined in accordance with the cancellation charges at clause 5.1 below.
4. Prices and other charges
4.1 Prices are based on operating costs and market conditions at the date they are published and may be revised upwards or downwards at the discretion of FOCL at any time. 4.2 Once you have made a Booking, no increase or decrease in the Price will be made except as follows:- 4.2.1 If there is an increase or decrease in the cost of providing any Holiday under a Contract of more than 3% caused by an increase or decrease in: transportation costs, including the cost of fuel; dues, taxes or fees for the services imposed by third parties not directly involved in the performance of the Holiday, including tourist taxes, landing taxes and embarkation and disembarkation fees at ports and airports; or exchange rates, then a surcharge may be levied and may include an amount to cover agents’ commission or a refund may be provided. In no circumstances shall any increase exceed the Price quoted at the time of your Booking by more than 10%. If a surcharge is made it will be demanded in writing. In the event that you fail to pay a surcharge within 14 days of a demand to do so by FOCL, FOCL may treat this as cancellation by you of the Contract in which case the provisions clause 5 (“Cancellation by You”) will apply. 4.2.2 No surcharges will be charged less than 30 days before the Departure Date but Bookings received within this period may be charged at the published price plus any surcharge arising up to the date of that Booking. 4.2.3 Similarly, if there is a decrease of more than 3% in the costs of providing any Holiday under a Contract (as per clause 4.2.1) then any decrease over 3% will be passed on to you. 4.3 Most port and airport charges and taxes are included in the Price of the Holiday. Where these are not included, you will be advised separately. Some overseas charges and taxes may have to be paid locally by you. 4.4 Medical services provided on board are outside the scope of the UK National Health Service and a charge is made for these services, for drugs and other medical provisions including repatriation costs in accordance with clause 10 below. 4.5 All Passengers must register a debit or credit card accepted by FOCL at check in. This applies to Passengers even where they do not wish to open an on board account during their cruise, however an on board account will not be granted without a card first being registered. 4.6 All accounts for services and goods provided on board the vessel and any other amounts due which are not included in the Price of the Holiday, including amounts for tours, Shuttle Transport Services, excursions and programmes, medical services must be settled before you leave the vessel (without any set-off or counterclaim including any claim for compensation). A 1.5% surcharge will apply to payments made by credit card. 4.7 An administration charge of £75 will apply if you fail to fully settle your on board account before you leave the vessel. 4.8 Liability for joint on board accounts shall be joint and several between Passengers named on the joint account. 4.9 In the event that a Passenger fails to settle his/her on board account on or before completion of the Holiday, FOCL reserves the right without prejudice to any other remedies FOCL may have under these Conditions or otherwise, to take payment from the debit or credit card registered by the Passenger at check in; cancel any future Bookings the Passenger may have made with FOCL; and/or to set off any sums owed to FOCL by the Passenger against any sums due to the Passenger from FOCL. Failure to settle on board accounts may also result in legal action against the Passenger or Passengers in question.
5. Cancellation by You
5.1 You may cancel your Contract by providing notice to FOCL in writing. Where you do so 91 days or more before departure (or 181 days or more for Long Cruises), FOCL will be entitled to retain a non-refundable deposit in accordance with clause 3 above. If you cancel 90 days or fewer before departure, then FOCL will be entitled to retain a portion of the Price in accordance with the following scale. These percentages reflect the cost to FOCL of remarketing a cruise and/or the loss that FOCL is likely to suffer as a result of the cancellation. The figures expressed below include any non- refundable deposit:
Number of days before departure
90-57 days 56-42 days 41-16 days 15 to 0 days
Percentage of Price FOCL will be entitled to retain if the cruise is cancelled by you
60% (100% for Anchor Fares) 75% (100% for Anchor Fares) 85% (100% for Anchor Fares) 100%
The effective date of cancellation is the date of receipt by FOCL of written notice to cancel. For the avoidance of doubt, these charges will apply whatever the reason for your cancellation, including illness, incapacity, death or any other intervening event. If you have already started your Holiday but are unable to continue for any reason whatsoever including repatriation, illness, incapacity, death, or any unavoidable and extraordinary event occurring at the destination or
its immediate vicinity significantly affecting the Holiday, FOCL may resell any unused services or accommodation. 5.2 Where FOCL offers special offers on certain products, it loses the opportunity to sell those products at full price and reduces its margin on the products that are subject to the special offer. Therefore, special terms and conditions apply to special offers in order to make them commercially viable for FOCL. Where you cancel a special offer, for example (but not limited to) Anchor Fares, 2 for 1 offers, BOGOF deals, Special Saver Fares no refund will be available of any part of the Price, subject to clause 5.5 below. 5.3 Cancellation fees may be insurable. It is the Passenger’s responsibility to make any such claim under the terms of his/her insurance policy. Holiday insurance premiums cannot be refunded in the event of cancellation. 5.4 Cancellation of land tours or scheduled air upgrades/deviations purchased as add-ons to “Grand” and “World Voyages” (including sectors) will incur 100% charges to the third party supplier if cancelled within 90 days of your Departure Date. 5.5 Where you cancel a Booking, FOCL will make reasonable endeavours to resell the cruise. You recognise that it may not be viable for FOCL to attempt to do so in certain circumstances, for example where the Departure Date is imminent. You additionally recognise that, in order to resell, FOCL may, at its absolute discretion, remarket the cruise at a discounted rate. FOCL will not be regarded at having successfully resold a cruise until all tickets of a comparable level and characteristics to the resold cruise (e.g. in terms of price, level of cabin and other additional elements included in the Booking) have sold out for that particular cruise at the Date of Departure. Where a cruise has been successfully resold, FOCL may, at its reasonable discretion, refund all or part of the Price paid by you. In all circumstances, any such refund will be less a reasonable deduction to account for the cost of remarketing and rebooking the cruise and less any shortfall between the price paid by you and the price at which the cruise has been resold.
6. Alteration and cancellation by FOCL
6.1 FOCL reserves the right to cancel any Holiday at any time on the giving of written notice to the Passenger. In any such instance the terms of the ABTA Code of Conduct will apply. Your statutory rights are not affected. 6.2 Published Holiday details in FOCL brochures and any notified Holiday details to you at the time of placing your Booking may be subject to alteration after the Contract arises as a result of events, changes in circumstances or other factors that have occurred or arisen since the Holiday was originally planned by FOCL. FOCL’s priority is to provide you with the Holiday you booked under your Contract as far as possible for its duration. Alteration may include (without limitation) omitting, substituting or adding ports of call, restricting the availability of any on board facilities and services available at any time or otherwise changing the itinerary (including routing of the cruise ship or flights and port of embarkation and disembarkation), schedule, cruise ship or other arrangements that form part of the Holiday. Alteration of the Holiday may (without limitation) be made of necessity due to for example an outbreak of an infectious disease or because it appears to FOCL desirable for the safety, comfort or enjoyment of Passengers or the operational efficiency of the Holiday. Where possible and appropriate FOCL will try to ensure that any changes are as limited as practical and do not take place within 14 days of the Departure Date unless due to a Force Majeure event. Such alteration will not amount to a significant alteration of the Holiday under the Contract. 6.3 Where before the Departure Date it becomes impossible to provide your Holiday (even by making changes) due to an event of Force Majeure, then FOCL will give notice of cancellation of the Holiday as soon as practicable and you will be offered a refund of all monies paid under the Contract or where possible the choice of a replacement Holiday of equivalent value. 6.4 FOCL has the right up to 90 days before the Departure Date to cancel any Holiday under a Contract or any part of it because the minimum number of Passengers needed has not been achieved. 6.5 It is a condition of this contract that the Passenger will act in good faith towards FOCL at all times. In the event that the Passenger breaches this clause 6.5, FOCL shall have the right to treat the Contract as repudiated, and to terminate the Contract immediately. 6.6 Where after the Departure Date it becomes impossible to provide any part of a Holiday under a Contract due to an event of Force Majeure, FOCL or any other party acting as operator will make suitable alternative arrangements at no extra cost to you. If this is not possible equivalent transport will be provided back to the place of departure or on to the final destination and where the Holiday is curtailed, then for each whole day lost you will be reimbursed an amount equivalent to the daily cost of the cruise part of the Holiday. 6.7 Where delay occurs during the Holiday due to fault on the part of FOCL or any other party acting as operator then alternative arrangements will be made where required to ensure the continuation of the Holiday. 6.8 In the event of cancellation, alteration or delay (including prolongation of the Holiday) FOCL will not be responsible for individual circumstances or arrangements, or any losses arising from individual circumstances or arrangements.
7. Conduct, safety and security
7.1 If it appears before or during your Holiday that you are or are becoming for any reason unfit to travel or likely to endanger or prejudice the health or safety or comfort of yourself or anyone else, including, without limitation, as a result of any excessive alcohol consumption, then a duly authorised representative of FOCL or any other party involved in the supply of services under this Contract may transfer you from one Cabin or seat to another or restrain, confine or otherwise deal with you as may be considered necessary or refuse to embark or disembark you at any port or place. In such circumstances, you will not be entitled to any refund, compensation or contribution to or reimbursement of travel costs or expenses of any kind and you shall be liable to pay any fines, losses, compensation or other amount due to any third party. In no circumstances shall FOCL have any liability for prevention of boarding of any form of
transport due to a decision made by any party other than FOCL. 7.2 FOCL has the right to make, enforce and change (without prior notice) rules and policies for the conduct of Passengers on board relating to matters including, but not limited to, dress, behaviour, alcohol and food. No animals, dangerous articles, or controlled or prohibited substances may be brought on the Holiday and/ or vessel. Abusive or violent behaviour towards FOCL staff, or the consumption of excessive alcohol will not be tolerated and FOCL reserves the right to require any Passengers that it reasonably considers to have been involved in such behaviour, to disembark the vessel at the next port of call. For the avoidance of doubt, in such circumstances, FOCL shall have no liability to the Passenger for any costs incurred as result of the requirement to disembark, including without limitation, accommodation costs and further travel costs. 7.3 For your safety and security, or that of other Passengers, it may be necessary for servants or agents of FOCL to search Passengers, their Cabins or their luggage. You will allow this to take place when authorised by the Captain or a security or other officer of the vessel, and you agree to follow any instructions or orders in this regard. 7.4 You will be responsible for any loss or damage caused by you during the Holiday to any property or person or other third party or FOCL, no matter how that loss or damage is caused. If you cause such loss or damage then FOCL may require you immediately or at any time to pay to FOCL an amount sufficient to cover, or on account of, any loss or damage so caused. 7.5 You confirm your agreement to the use of CCTV throughout FOCL ships, and in public areas at ports and terminals. This is for the safety of Passengers and crew. CCTV images may be retained by FOCL for a reasonable period of time, strictly for security purposes only. CCTV will not be in operation in areas such as toilets or private Cabins. 7.6 FOCL reserves the right to restrict the use of recording and photographic equipment by Passengers, in circumstances where FOCL deems its use to be invasive or inappropriate to FOCL, its Passengers or crew. FOCL reserves the right to confiscate such equipment from Passengers, to be returned at the end of a cruise. In the event that a Passenger refuses to surrender such equipment upon demand, FOCL may require them to leave the ship. 7.7 Passengers must read our Guest Conduct Policy which is available on our website and in all Cabins on FOCL vessels and, together with the Conditions, forms part of your contract with us.
8. Liability
8.1 The liability of FOCL and any other party that may be involved in the supply of services in connection with this Contract may be limited by international conventions including those relating to carriage by sea and air, in the case of carriage by sea, including the Athens Convention 1974 (as amended), carriage by air, including the Warsaw Convention 1929 (as amended by The Hague Protocol 1955) or the Montreal Convention 1999 or otherwise and hotel stays, including the Paris Convention 1962, and in the case of all such conventions, any applicable Protocols or other amendments as made from time to time. Where these or any other conventions apply to any service or accommodation supplied during any part of the Holiday, whether or not directly supplied by FOCL, then insofar as FOCL may have any responsibility or liability, the limits of liability afforded by such conventions apply to FOCL and any liability or responsibility of FOCL shall be determined accordingly. 8.2 Save as provided otherwise in these Conditions, all arrangements for the provision of transport of Passengers, their luggage and personal property, accommodation and other services are in addition to these Conditions subject to the rules, regulations, and Conditions of airlines and owners or operators of any other ship or vessel used and all other services such as transfer operators, hotels, etc. These are deemed to be expressly accepted by the Passenger and are herein expressly incorporated into the Contract. 8.3 Unless otherwise provided for by force of the law or in accordance with these Conditions the liabilities, obligations and responsibilities of FOCL and any other party involved in the supply of services in connection with these Conditions shall be limited in accordance with the limits applicable to a carrier under the Athens Convention 1974 (Carriage of Passengers and Luggage by Sea), as modified and set out in parts I and II of Schedule 6 of the Merchant Shipping Act 1995 (together the “Convention”). 8.4 The liability of FOCL or any other party that may be involved in the supply of services in connection with these Conditions for death or illness of, or personal injury to, any Passenger, or the loss of or damage to the luggage of any Passenger is limited to the maximum amounts specified in Articles 7 and 8 of the Convention save in the case of valuables (as defined in Article 5 of the Convention) where no liability is accepted unless such valuables have been deposited with the carrier for the agreed purpose of safe-keeping, in which case liability will be limited as provided for in Article 8(3) of the Convention. Please see clause 9 below which sets out further details in relation to luggage claims. 8.5 No responsibility is accepted for loss or damage caused to you by failure to perform the Contract, or improper performance of these Conditions, where the failure or improper performance happens without fault on the part of FOCL or other operator or supplier of services included in the Holiday Contract because: (i) it is attributable to your fault; or (ii) it is unforeseeable and unavoidable and attributable to a third party who does not supply services included in the Holiday; or (iii) it is due to unusual or unforeseeable circumstances i.e. due to an event of Force Majeure which is beyond the control of FOCL, the consequences of which could not have been avoided by the exercise of due care, or an event which FOCL or other operator or supplier of services could not foresee or forestall including but not limited to unusual weather or sea conditions. 8.6 No liability is accepted in respect of arrangements or commitments made by you or on your behalf that are not part of the Holiday Contract, including, but not limited to arrangements that you make directly, or via FOCL acting as agent only, with a service provider other than FOCL. 8.7 Insofar as FOCL may be liable to a Passenger in respect of claims arising out of carriage by air, land or sea, FOCL shall be entitled
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