to all the rights, defences, immunities and limitations available, respectively, to the actual carriers and under the Convention and any other applicable conventions and nothing in these Conditions shall be deemed as a waiver thereof. 8.8 If any term, condition, section or provision becomes invalid or be so judged, the remaining terms, conditions, sections and provisions shall be deemed severable and shall remain in force. 8.9 FOCL shall not in any circumstances be liable to a Passenger for any loss or anticipated loss of profits, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature. 8.10 In the event that FOCL has any legal liability for any loss of or damage to property otherwise than in accordance with the Convention and any other applicable Conventions including the Montreal Conventions then its liability shall not at any time exceed £250 per Passenger and FOCL shall not at any time be liable for loss of or to any money, jewellery, valuables or medication. Passengers are advised, wherever possible, not to pack money, jewellery, other valuables or medication in their luggage and must ensure that their personal possessions and valuables are with them at all times (subject to any laws and regulations that might prohibit this, e.g. restrictions on the carriage of liquids in hand luggage on board flights). 8.11 All carriage (by land, air and sea) is subject to the conditions of carriage of the actual operator / carrier. These may limit or exclude liability. Save as otherwise provided in these Conditions, the carriers’ conditions of carriage are expressly incorporated into the Contract and are deemed to be expressly accepted by the Passenger at the time of the Booking. Copies of these Conditions are available on request from FOCL. 8.12 FOCL’s liability will not at any time exceed that of any carrier under the carrier’s conditions of carriage and/or applicable or incorporated conventions. 8.13 In the case of a cancellation or a delay in departure where a stay of one or more nights or a stay additional to that intended by the Passenger becomes necessary, where and when physically possible, FOCL shall 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. For each Passenger FOCL reserves the right, at its discretion, to limit the total cost of accommodation, not including transport to and from the port terminal and place of accommodation to EUR 125 per night, for a maximum of five nights.
9. Claims
9.1 Any matter which might give rise to a problem, complaint or claim must be notified immediately to the vessel or hotel management, airline staff or other supplier of the services concerned. If the matter cannot be rectified immediately, FOCL must be notified in writing as soon as practicable. In any event you must give notice of any claim in writing to FOCL within two months of the end of your Holiday. Special extra provisions set out below apply to loss, damage or delay to luggage and to claims for illness or injury. Failure to give notice in accordance with these provisions may mean that the matter cannot be properly investigated or rectified and this may affect your rights. 9.2 In the case of any claim for loss, damage or delay to luggage please note that (1) it is assumed that luggage has been delivered undamaged to you unless notice is given immediately to FOCL; (2) you must claim against the carrier or carriers responsible for actually performing the carriage where the loss or damage happened immediately if and when the loss or damage is or becomes apparent, and in any event within 15 days from the date of redelivery, or when redelivery should have taken place; (3) if you wish to make any sort of claim against FOCL, you must notify FOCL directly in writing with a copy of notification to the carrier or carriers responsible for actually performing the carriage and if asked to do so, assign your rights against such carrier or carriers to FOCL. Any damages payable by FOCL up to the limits set out under the Convention will be reduced in proportion by any contributory negligence of the Passenger and by the maximum deductible under Article 8(4) of the Convention. 9.3 Any illness or injury caused by or that you think may be attributable to anything that happened during the Holiday must be reported to the service provider or providers responsible for the relevant part or parts of the Holiday and to FOCL (with a copy of any such notification to any other provider or providers) immediately that the illness or injury becomes apparent. 9.4 Any complaint arising from organised tours, excursions or programmes in relation to which FOCL is acting as agent only pursuant to clause 2.10, should be notified immediately to the vessel, hotel management or the FOCL Tour Manager. If the matter cannot be rectified immediately, the Passenger must address its complaint to FOCL in writing as soon as possible after the cause of the complaint has arisen. FOCL will take reasonable steps to assist the Passenger to resolve their complaint, either by liaising with the tour provider on the Passenger’s behalf, or by putting the Passenger in touch with the tour provider. For the avoidance of doubt, nothing in this clause 9.4 shall be taken as an admission or acceptance of liability by FOCL for the circumstances giving rise to a complaint against a tour provider. 9.5 Unless a longer period is provided for by force of law, any claim shall be time barred if proceedings are not brought within 2 years of the end of the Holiday. 9.6 Some disputes involving claims up to a limited amount may (subject to the agreement of you and FOCL) be referred to independent arbitration or conciliation under schemes devised by arrangement with ABTA. Details will be supplied on request. Such schemes may not apply to claims arising out of injury or illness. 9.7 No claims or complaints will be considered by FOCL unless all on-board debts have been settled in full. 9.8 In the event that it proves impossible for FOCL and the Passenger to reach an agreement in good faith in settlement of any Passenger complaint (including where such complaint arises in relation to any past or future cruises booked by the Passenger, and including, without limitation where proceedings are commenced against FOCL), resulting in a breakdown in the commercial relationship between the parties, the Passenger acknowledges that FOCL will be entitled (but not obliged) to exercise their right to cancel any future
bookings in accordance with clause 6 above and to refuse to take any Bookings from the Passenger in future.
10. Medical Assistance
10.1 All Passengers must ensure that they have travel insurance that provides cover appropriate to their personal circumstances, that all medical conditions have been declared to their insurers and that there are no exclusions of cover that might apply as a result of any medical condition they have. FOCL recommends that all Passengers obtain travel insurance as soon as possible following Booking in order to cover cancellations should it become necessary. 10.2 In compliance with Flag State requirements each vessel has on board a qualified doctor and a medical centre equipped for first aid and minor conditions only. The Passenger hereby acknowledges and accepts at the time of the Contract that the medical centre is not equipped like a land based hospital and the doctor is not a specialist. Neither FOCL, the doctor nor the carrier shall be liable to the Passenger as a result of any inability to treat any medical condition as a result. Passengers acknowledge that if their health or medical condition(s) require or might require specialist or emergency treatment (however slight the increase in risk associated with that medical condition is compared with the risk carried by a person without such a medical condition) whilst on the cruise, then they are strongly advised not to embark on the cruise, as to do so would put themselves and/or other Passengers at risk. FOCL accepts no liability for Passengers in such circumstances, and any Passenger embarking on a cruise with such a medical condition does so entirely at their own risk. 10.3 At FOCL’s sole discretion FOCL may afford you assistance if you suffer illness, personal injury or death during the period of your Holiday. Such assistance may take the form of advice, guidance or initial financial aid where appropriate and subject to FOCL’s discretion. Any Passenger on whose behalf expenses (including without limitation those associated with medical treatment, repatriation expenses, travel expenses and the cost of local assistance e.g. from a port agent) are incurred by FOCL, hereby indemnifies FOCL in full for such expenses and undertakes to repay them on demand (whether or not the Passenger has insurance cover for some or all of the expenses). The Passenger gives FOCL authority to contact any third party including their general practitioner or other medical practitioner and/or insurers to obtain any necessary information or documentation. 10.4 The Passenger acknowledges that whilst there is a qualified doctor on board the vessel, it is a Passenger’s obligation and responsibility to seek medical assistance if necessary during the Holiday and the Passenger will be solely responsible to pay for any on board medical services including but not limited to any medical treatments provided and repatriations which will be charged in line with private medical health care fees and charges. 10.5 In the event of illness or accident, Passengers may have to be landed ashore by the carrier and/or the master for medical treatment. Neither the carrier nor FOCL make any representation or accept any responsibility for the quality of any medical facilities or treatments at any port of call or at the place at which the Passenger is landed. Medical facilities and standards vary from port to port. Neither FOCL nor the carrier makes any representations or warranties in relation to the standard of medical treatment ashore. Whilst FOCL hopes to be able to assist Passengers with on-shore medical care where this is required, nothing in this Agreement places FOCL under an obligation to do so. Passengers acknowledge that it is not possible for FOCL’s employees, servants or agents to remain ashore when a cruise is scheduled to be departing from a port of call, nor is it possible for such departure to be delayed. 10.6 The on board doctor’s professional opinion as to the fitness of a Passenger to board the vessel or to continue the Holiday is final and binding on all Passengers. 10.7 Where a Passenger is refused embarkation, or required to disembark, on the grounds that the Passenger’s health and/or fitness to travel and/or level of alcohol consumption gives rise to concerns for the health and safety of the Passenger and/or other Passengers, then (subject to any other provisions in these Terms and Conditions that might apply in the circumstances) neither the carrier nor FOCL shall have any liability to the Passenger. FOCL will be entitled to retain the full price of the cruise and the Passenger will be responsible for making their own arrangements to return home, at their own cost. The fitness of any Passenger to travel shall be a matter for FOCL to determine at their sole discretion. 10.8 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 without limitation repatriation costs in accordance with clause 10.4 above. 10.9 FOCL and/or the carrier and/or the health authorities at any port shall be entitled to administer a public health questionnaire. The Passenger shall supply accurate information regarding symptoms of any illness including but not limited to gastrointestinal illness and H1n1. The carrier may deny boarding to any Passenger that it considers in its sole discretion to have symptoms of any illness including viral or bacterial illness including but not limited to norovirus and H1n1. Any refusal by a Passenger to complete a questionnaire may result in denied boarding. 10.10 The vessel’s doctor has the authority to require a Passenger to remain in their Cabin for health and safety reasons should they become ill during the Holiday or as a result of any excessive consumption of alcohol by the Passenger. 10.11 In the event that a Passenger fails to remain in their Cabin or to comply with any other instruction given by the vessel’s doctor pursuant to clause 10.10, FOCL shall be entitled to require that Passenger to disembark the vessel at the next port of call, and shall have no liability whatsoever to that Passenger for any costs incurred as a result, including without limitation accommodation costs and further travel costs. 10.12 Passengers are reminded that some foods may cause an allergic reaction in certain people due to intolerance of some ingredients. If the Passenger has any known allergies, or is intolerant of any food, it is his/her responsibility to report this to the carrier upon boarding the vessel and certainly before consuming any food.
FOCL shall have no liability to any Passenger who has failed to notify the vessel of an allergy or food intolerance and becomes ill as a result of eating foods which they are allergic or intolerant to. Further, and irrespective of any notification provided to FOCL or to the carrier of any food allergies or intolerances, it remains your decision as to whether or not to consume any particular food items and you consume all food at your own risk. FOCL cannot be held responsible for the food allergies and intolerances of individual Passengers. 10.13 In the event that a Passenger fails to settle any medical assistance or repatriation costs, FOCL reserves the right without prejudice to any other remedies FOCL may have under these Conditions or otherwise, to cancel any future Bookings the Passenger may have made with FOCL and to set off any sums owed to FOCL by the Passenger against any sums due to the Passenger from FOCL. 10.14 FOCL is unable to provide any specialist paediatric care on board its vessels. Children under 2 years of age at the date of departure of a cruise will not be allowed to embark on any cruise where the ship will undertake a major ocean crossing of 72 hours or longer. Passengers are responsible for ensuring that any children in their care during a cruise are fit and eligible to travel and children on board vessels remain entirely the responsibility of their parent(s) or guardian. FOCL excludes liability arising from illness or injury suffered by any Passenger, including children, to the fullest extent permitted by law. 10.15 Children less than 6 months old and women who will be more than 24 weeks pregnant at the end of the Holiday are not permitted to travel. It is recommended that medical advice is sought prior to Booking for children aged between 6 – 12 months.
11. Material facts
11.1 It is a condition of the Contract for the supply of the Holiday (including carriage and insurance), that all material facts have been disclosed to FOCL as if FOCL was an insurer. A material fact is a fact likely to influence insurers in the acceptance or assessment of insurance (for example, details of your state of health or that of a close relative). Where there is doubt as to whether a fact is ‘material’ then it should be disclosed at the time of booking, including but not limited to any disability, mobility problem, or any other condition requiring special care, specific assistance, attention or treatment. If any such condition arises after the Contract is formed then written notice must be given to FOCL as soon as possible and in any event, no later than 18 hours prior to embarkation. FOCL shall make all reasonable endeavours to provide any specified assistance when requested.
12. Mobility, medical matters and specific assistance 12.1 Passengers acknowledge
that carriage, boarding and
disembarking a ship can be difficult and/or unsafe for anyone due to the inherent nature of ships and port facilities. These difficulties and safety issues are likely to be exacerbated for those with mobility issues and other forms of physical impairment, and those with certain medical conditions. Under no circumstances will FOCL’s staff agree to carry or lift Passengers to facilitate embarkation or disembarkation. In accordance with EU Regulation EU1177/2010, FOCL reserves the right to refuse carriage and/ or embarkation and/ or disembarkation if, in FOCL’s reasonable opinion, the design of the vessel and/or the port infrastructure and equipment would make carriage unsafe or operationally unfeasible. Any Passenger refused passage on this basis may request written confirmation with reasons from FOCL within 5 working days. 12.2 Where a Passenger, either during a cruise, during embarkation or disembarkation or during any transfers to or away from the vessel at any time during the Holiday, may require any extra assistance, or has special requirements of any kind, arising from any disability, mobility issues, or any other condition requiring special care, specific assistance, attention or treatment, they must provide FOCL with details of the extra assistance required at the time the Booking is made. If any such requirement arises after the Booking has been made then details must be given to FOCL as soon as possible, and in any event, no later than 48hrs prior to departure of the cruise. It is the Passenger’s responsibility to keep FOCL informed of any changes in their physical capability and/or mobility. FOCL shall make reasonable endeavours to provide any extra assistance where requested, however if such assistance cannot be provided either at all or at a reasonable or proportionate cost, then FOCL reserves the right to pass such cost onto the Passenger and/or to deny embarkation of the vessel and to treat this as a “cancellation by you” in accordance with clause 5. 12.3 You must read FOCL’s General Mobility Policy which forms part of your contract with us. If you have been asked to complete a General Mobility and Medical Questionnaire, you must return this to us at least 90 days before departure of your cruise. Failure to do so may result in a delay to the release of your tickets or to you being denied boarding. These circumstances will be treated as a “cancellation by you” and FOCL will be entitled to retain the full Price in accordance with clause 5. 12.4 FOCL cannot guarantee the availability of an overhead walkway at any port on any vessel’s itinerary. FOCL reserves the right to refuse embarkation or disembarkation to Passengers who are, in FOCL’s reasonable opinion, physically incapable of embarking or disembarking the vessel by the means available at the port in question, with minimal assistance from other Passengers or crew. Embarkation / disembarkation may require the use of a stepped gangway and/or a ship to shore tender service, involving steep flights of steps and/or the need to negotiate unsteady surfaces. Where ship to shore tender services are suitable for wheelchair users, only collapsible, lightweight wheelchairs will be permitted. 12.5 If you are travelling as a sole traveller who requires specific assistance, FOCL reserves the right to require an able bodied person to accompany you. 12.6 If, in the reasonable opinion of FOCL, a Passenger’s disability, mobility problem or medical condition cannot be accommodated safely by the vessel, ports or associated infrastructure, or carrying a Passenger with such disability or medical condition would result in FOCL breaching national and international maritime safety
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