standards, then FOCL reserves the right to refuse Passage. If refusal is based upon this clause 12.6 then the Passenger shall be provided with reasons, in writing, by FOCL within 5 days of refusal. In any such event, the Passenger shall have the option of reimbursement or, if possible, re-routing. 12.7 Any Passengers wishing to embark on a cruise with a mobility scooter, wheelchair or other similar mobility aid (together “Mobility Aids”), should advise FOCL of this upon booking. Space for these on board is limited by IMO/SOLAS Regulations and failure to book in advance is
likely to mean that the Passenger will be refused
embarkation, and cancellation fees will apply. In the event that the need arises for a Passenger to use a Mobility Aid during a cruise, this will only be permitted in the event that the limits under the IMO/ SOLAS Regulations relating to the use of Mobility Aids have not been reached for that particular cruise. If such limits have been reached, 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. 12.8 Any Passenger using a Mobility Aid on board a vessel is responsible for operating it in an appropriate manner. Due care and attention should be given to other Passengers and the user of the Mobility Aid will be fully liable for any damage or personal injury (whether to the user of the Mobility Aid or to other Passengers) caused by such use. Passengers using Mobility Aids are also responsible for ensuring they hold the appropriate insurance for use of the Mobility Aid on board the vessel. 12.9 Where it is necessary for Passengers to use shuttle services for access to vessels, Passengers must be able to board and disembark such services with minimal assistance from other Passengers or crew. Under no circumstances will FOCL’s staff agree to carry or lift Passengers to facilitate boarding or disembarkation. FOCL will make reasonable endeavours to provide extra assistance and alternative transport arrangements where required, however the Passenger understands that this may not be available at short notice and the cost associated with providing such extra assistance may be for the Passenger’s account where, in FOCL’s reasonable opinion, the additional cost is disproportionate to the Price of the cruise. 12.10 Passengers who are visually impaired must complete a General Mobility and Medical Questionnaire so that appropriate arrangements can be made for their holiday. At the time of embarkation and throughout their holiday, visually impaired Passengers must either: a) be capable of safely moving around the vessel unassisted, or with the assistance of an assistance dog (where permitted under these terms and conditions); or b) be accompanied by an able bodied companion, whose assistance means that they can safely move around the vessel. If (in FOCL’s reasonable opinion) this clause is not fully complied with, FOCL will be entitled to refuse embarkation or require the visually impaired Passenger to disembark the vessel, at no cost to FOCL.
13. Documentary and medical requirements
13.1 A full valid passport is required for all Holidays. Your passport must be valid for at least 6 months after the date of return to the UK (a shorter validity may be acceptable on certain itineraries, please check at time of Booking). You are responsible for ensuring compliance with all necessary visa and other documentary requirements for the entire Holiday, and shall have received all medical inoculations necessary (notwithstanding that FOCL may provide advice on these matters from time to time). At any port or place, FOCL or any other party involved in the supply of services in connection with your Holiday may refuse travel, accommodation, or disembark any Passenger without compensation who in the opinion of FOCL or any other party involved might be excluded from landing at any destination by Immigration or other Governmental Authorities or who may be suffering from contagious or infectious disease or whose presence may be considered detrimental to safety or comfort of other holidaymakers or crew members.
14. Enjoyment Promise terms
14.1 The Enjoyment Promise is only applicable to guests who have not cruised on a FOCL ship before. It excludes Party Nights and cruises for 4 or less nights. The promise only applies to Bookings made for departures more than 12 weeks ahead. The Enjoyment Promise only applies to Passengers who have contracted with FOCL and excludes cruises on vessels operated by FOCL but booked through third Party operators. 14.2 Should you wish to invoke the Enjoyment Promise, you will need to inform Guest Relations within 48 hours of the Vessel’s departure from the original port of embarkation at the latest. FOCL will arrange and pay for a flight and/or transport back to the UK. FOCL will refund the cruise cost only but will not refund other costs.
15. Assistance dogs
15.1 You must give written notice to FOCL at the time of Booking if you wish to bring a recognised assistance dog on board the vessel. 15.2 Carriage of recognised assistance dogs on board are subject to animal health rules applicable to the voyage. 15.3 FOCL require evidence that the assistance dog has been appropriately trained.
16. Flights
16.1 Prices for fly-cruises quoted in any FOCL Holiday brochure are inclusive of specially negotiated airfares which are subject to availability. If no aircraft seats are available at the airlines prices in conjunction with a particular Holiday at the time of Booking then the fly-cruise option will not be offered. Flight upgrades/premium seats for fly-cruises are limited in number. They will be allocated at the time of Booking, subject to availability at the time of the Holiday. Aircraft configurations are subject to change and in the event of a flight operator being unable to provide premium seats on any service then any payment of or towards an upgrade supplement will be refunded in full. 16.2 All published itineraries are based on current airline schedules or advised charter flights at the time of the Booking and may be subject to change at the option of the airline operator prior to the Departure
Date. You will be notified of any such changes. Details of which aircraft operator will be used for your Holiday Booking and the type of aircraft operated cannot always be given at the time of Booking. 16.3 The Passenger will receive confirmation of flight timings and routes with their travel documents, which will be sent out approximately 7 days before the Departure Date. 16.4 If the Contract does not include flights, it is the Passenger’s responsibility to obtain a valid ticket direct from an air carrier suitable for and in time for travel to the vessel (and including local transfers which the Passenger must arrange). FOCL shall not be responsible for any liabilities arising in respect of flights or transfers arranged by the Passenger.
17. Luggage allowance
17.1 If you are sailing from a UK Port the total luggage allowance is 90kg per Passenger. No one piece should weigh more than 20kgs. 17.2 On fly-cruises your luggage allowance will be restricted by the airline. It is your responsibility to check the luggage weight allowance restrictions for both your outbound and/or return flights. Any excess luggage charges imposed by the airline providing the flight will be the sole responsibility of the Passenger.
18. Data
18.1 The Passenger acknowledges that FOCL will require certain personal details from the Passenger in order to process a Booking and to fulfil the Contract for the supply of your Holiday. The Passenger hereby agrees to this information being passed to any third parties in order for the supply of the Holiday. Personal details supplied to FOCL may also be used for marketing purposes. Marketing communications from FOCL will allow you the opportunity to opt out of further communications. FOCL will not disclose your personal details to third parties for marketing purposes without your express permission. Our data protection policy is set out in our privacy policy which is hereby expressly incorporated into these Conditions.
19. Travel Insurance
19.1 It is a condition of the Contract that travel insurance is taken out before travelling on any FOCL cruise Holiday. This should cover all appropriate travel, cancellation, medical, emergency airlift/boat transfer at sea and repatriation liabilities for the Holiday. FOCL reserves the right to cancel the Contract and/or refuse embarkation and/or require the Passenger to disembark at the next port of call, without any liability or cost to them in the event that this clause 19.1 is not complied with in full by you. Failure to give full, frank and honest disclosure to any insurers’ enquiries will amount to a breach of this clause. Final Holiday documents cannot be released until FOCL has received notification of your insurance policy details. FOCL recommends that all Passengers obtain travel insurance as soon as possible following Booking in order to cover cancellations should it become necessary. 19.2 You will indemnify FOCL against any and all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by FOCL arising as a result of:- 19.2.1 Any breach of the condition set out in clause 19.1 above, or your insurance being deemed either invalid, inadequate and/or voided; and 19.2.2 Any claim made against FOCL by a third party for death, personal injury or damage to property arising out of or in connection with any breach of clause 19.1 above which is attributable to the acts or omissions of you.
20. Variation
20.1 No variation of these Conditions shall be effective unless in writing and signed by FOCL.
21. Smoking policy 21.1 Smoking is only permitted in certain dedicated external areas throughout the vessel. Smoking anywhere else is strictly prohibited. 21.2 Throwing cigarette butts over the side of the vessel is strictly prohibited. 21.3 Electronic cigarettes emitting any vapour, even if only a water vapour, may only be smoked in designated smoking areas. 21.4 Any breach of this clause 21 may result in the Passenger being required to disembark the Vessel at the next port of call, without any liability or cost to FOCL.
22. Alcohol policy
22.1 Only alcohol purchased on board the vessel may be consumed on board. Any alcohol not purchased on board will be collected prior to boarding and returned to the Passenger the day before disembarkation. 22.2 The Passenger agrees at all times to drink safely and responsibly whilst on board the vessel. 22.3 FOCL and its Passengers must comply at all times (including when on board a vessel outside British waters) with all applicable English laws on the sale and purchase of alcohol, including, without limitation, as set out in the Licensing Act 2003. FOCL will not serve alcohol to any person under the age of 18, and no person under the age of 18 may consume alcohol on board the vessel. FOCL may, at its sole discretion, refuse to serve, sell or supply a Passenger with alcohol at any time and for any reason. 22.4 FOCL reserves the right, in its sole discretion, to confine a Passenger to their Cabin; breathalyse the Passenger; take blood samples from the Passenger; treat the Passenger medically; disable the Passenger’s Cabin account; require the Passenger to leave the ship at the next port of calling (at no liability to FOCL); exclude the Passenger from future FOCL cruises; and/or cancel any bookings already made by or on behalf of the Passenger, if deemed necessary, as a result of the Passenger’s alcohol consumption and/or any resulting behaviour. Where a Passenger is asked to leave the vessel at the next port of calling, the Passenger will not, in any circumstances, be entitled to any refund for their Holiday or compensation for costs from FOCL. 22.5 FOCL reserves the right to charge the Passenger for all costs
(including but not limited to any medical costs) and/or damage caused to FOCL property resulting from Passenger’s consumption of alcohol. Such costs and expenses will be payable to FOCL by the Passenger on demand.
23. All Inclusive
23.1 All inclusive drinks packages shall include selected house beers, house wine, house spirits and draught soft drinks. Excluded from the all inclusive drinks package are champagne, premium drinks and branded drinks, cocktails, mini bars and room service, drinks taken ashore, speciality teas and coffees, premium traditional afternoon tea service. For the avoidance of doubt, sparkling wines, premium wines, shore tours, tips, beauty salon treatments, casino, medical expenses, in Cabin shopping, communication (including without limitation, internet, wifi and telephone) photography and On board shops are also excluded. 23.2 Items included within the all inclusive drinks package may be amended from time to time at FOCL’s discretion.
24. FOCL Special Offers
24.1 FOCL may, from time to time, run special offers on its Holidays (e.g. Anchor fares and ‘BOGOF offers’). These Conditions shall apply to such special offers unless the terms of the special offer in question states otherwise. In the event of a conflict between the terms of the special offer and these Conditions, the terms of the special offer shall prevail.
25. Liability of Employees, Servants and Subcontractors
25.1 It is hereby expressly agreed that no servant or agent of FOCL and/or the carrier, including the Captain/master and crew of the vessel concerned including independent subcontractors and their employees as well as the underwriters of these parties shall in any circumstance whatsoever be under any liability whatsoever beyond these Conditions and these parties may invoke these Conditions to the same extent as FOCL and/or the carrier. Please also refer to the Shore Tour terms and conditions which can be viewed on the FOCL website and appear in the Shore Tour booklet. 25.2 FOCL has no direct control over the tour providers and their services. In no case whatsoever will FOCL be held liable for loss, damages and injuries incurred by the Passenger as a result of the negligent act or omission or otherwise of the tour providers. FOCL will exercise reasonable skill and care in the selection of a reputable tour provider. In assessing performance and/or liability of any tour provider, local laws and regulations will apply.
26. Rights of Third Parties
26.1 Unless otherwise stated under these Conditions, a person who is not party to a Contract shall have no rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
27. Law and Jurisdiction
27.1 These Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non- contractual disputes or claims) shall be governed by and construed in accordance with English law. 27.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Conditions or its subject matter or formation (including non-contractual disputes or claims).
28. Severability
The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
Fred. Olsen Cruise Lines Is a member of ABTA with membership number W0637. ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 30 Park Street, London, SE1 9EQ, tel: 0203 117 0500 or
www.abta.com.
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