TERMS AND CONDITIONS
1. YOUR CONTRACT Your contract is with Hurtigruten Ltd., a company wholly owned by Hurtigruten AS, on the basis of these conditions and the information contained in the brochure, and shall be governed by English law and the jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so. When you book an air package holiday or sailing with us the contract between us will exist as soon as you or your travel agent asks us to confirm your booking. We then become responsible to provide you with the voyage arrangements or air package holiday you have booked and you become responsible to pay for them, in each case subject to these terms and conditions. You will also become responsible to pay for any additional arrangements made by us on your behalf including International Flights not included in any air package, optional excursions, travel insurance or other arrangements requested by you and booked.
When you make a booking you guarantee you have the authority to accept and do accept on behalf of your party the terms of these booking conditions and accept responsibility for making all payments to us for all members of the party. We are unable to accept provisional or conditional bookings. We will send all documents and other information to you and you will be responsible for ensuring that all other members of the party are kept fully informed.
A confirmation invoice which you should check as soon as you receive it will be sent on receipt of your deposit. If you wish to change or cancel any arrangements later you may have to pay an amendment or cancellation charge and additional costs (see below) which may be as much as the whole of the original price of your arrangements. Only one invoice and one set of documents will be issued. No verbal amendments may be made by either party to these written booking conditions; any change must be in writing signed by the Chief Executive of Hurtigruten AS.
If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will issue you with an ATOL Certificate and a confirmation. Upon receipt, if you believe that any details on the ATOL Certificate or confirmation or any other document are wrong you must advise us immediately.
If you book your holiday through a travel agent all communication must be through that agent. Please quote your booking reference number in all communications.
You are responsible for complying with any visa or other entry requirements for you or any of your party who are not full European Union Passport Holders.
2. YOUR FINANCIAL PROTECTION We hold an Air Travel Organiser’s Licence granted by the Civil Aviation Authority under number 3584. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. In the unlikely event of our insolvency the CAA will ensure that you are not stranded abroad if you have booked a package holiday from this brochure and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at
www.atol.org.uk.
If you book arrangements other than an air packaged holiday from this brochure your monies are protected by our bond held with ABTA. We are also a member of the Cruise Lines International Association (CLIA).
3. PAYMENT Once you have asked us to confirm your booking the total price of the arrangements you have booked is due and is payable as follows:
(i) If you book more than 60 days before your scheduled departure date a non-refundable deposit of 20%. The balance is due 60 days before your scheduled departure date. No second invoice will be sent. Travel documents will be issued 7 to 14 days prior to departure.
(ii) If you book less than 60 days before your scheduled departure date the full price is payable when you book.
Our preferred method of deposit payment is by bank debit card or credit card. Balance payment may be made by cash, bank debit card, credit card or cheque (providing there is time to clear it to meet the payment schedule shown above – you should allow 5 working days for clearance from the time we receive it).
Online Bookings Bookings made online that cost less than £800 or made within 60 days of departure require full payment at the time of booking and no refund is made if cancelled.
Credit Card Charges In line with The Consumer Rights (Payment
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Surcharges) Regulations 2012, we will make a charge of 1.50% for deposits and balances paid by credit card. Your booking may be cancelled if we do not receive payment by the due date (we will not normally send reminders) and cancellation charges as set out under ‘If You Cancel’ (see below) will be payable by you.
4. FITNESS TO TRAVEL ON THE SHIP, PREG- NANCY, DISABILITY OR REDUCED MOBILITY, MEDICAL/MOBILITY EQUIPMENT In order to ensure that the Carrier is able to carry passengers safely and in accordance with applicable safety requirements established by in- ternational, EU or national law or in order to meet safety requirements established by competent authorities including the ships flag state every Passenger warrants that he/she is fit to travel by sea and that his/her conduct or condition will not impair the safety of the ship or inconvenience the other passengers. We reserve the right to require any Passenger to produce medical evidence of fitness to travel in order to assess whether that Passenger can be carried safely in accordance with applicable international, EU or national law. If we consider it necessary, we are entitled to administer a health questionnaire prior to boarding.
If it appears to us, the Master or the Company’s nominated medical representative that a Pas- senger is for any reason unfit to travel, likely to endanger safety, or likely to be refused permission to land at any port, or likely to render the Carrier liable for Passenger maintenance, support or repatriation, then the Carrier or the Master shall have the right to take any of the following courses: (i) Refuse to embark the Passenger at any port; (ii) Disembark the Passenger at any port; (iii) Transfer the Passenger to another berth or cabin; (iv) If the Company’s nominated medical representative considers it advisable, to place or confine him/her or to transfer the Passenger to a health facility at any port, at the Passenger’s expense (v) to admin- ister first aid and administer any drug, medicine or other substance or to admit and/or confine the Passenger to a hospital or other similar institution at any port provided that the ship’s nominated medical representative and/or Master considers that any such steps are necessary.
Where a Passenger is refused embarkation as a result of safety and/or fitness to travel, neither we nor the carrier shall be liable for any loss or expense occasioned to the passenger thereby, nor shall the passenger be entitled to any compensa- tion from the Carrier.
Passengers who need assistance and/or have special requests or need special facilities or equipment with regard to accommodation, seating or services required or need to bring medical equipment must notify us at the time of booking. If there are any particular conditions, disabled or reduced mobility which require personal care or supervision then such personal care or supervision must be organised by the passenger and at the pas- senger’s expense. Those passengers confined to wheelchairs must furnish their own standard size foldable wheelchairs but needn’t be accompanied by a travelling companion. Unless we and or the Carrier agree otherwise and in writing Passengers are limited to bringing 2 items of such mobility or medical equipment on board per cabin with a total value not exceeding £2,200. All equipment must be capable of being carried safety and must be declared before the sailing. The Carrier may decline to carry such equipment where it is not safe to do so or where it has not been notified in time to enable a risk assessment to be carried out.
Pregnant women are highly recommended to seek medical advice prior to travel at any stage of their pregnancy. Women who are up to 23 weeks pregnant at the end of the cruise are required to produce a medical certificate of fitness to travel. The Carrier cannot for safety reasons carry pregnant passengers of 24 weeks or more by the end of the cruise.
5. A PRICES All Voyage prices shown in this brochure are in pounds sterling and are per person based on full occupancy of the cabin accommodation unless otherwise stated.
Single/Sole occupancy of cabins with more than one berth is at our discretion as single/sole use of multiple berth cabins will be limited. The price of your voyage or air package holiday arrangements was calculated using exchange rates quoted in the Financial Times Guide to World Currencies on 04.11.2016, Norwegian Kroner (NOK) 10.16; Euros 1.12. We reserve the right to change any of the prices quoted in this brochure although there will be no change within 30 days of your departure date. You will be advised of the current price of the voyage or air package holiday you wish to book before your contract is confirmed.
We reserve the right to increase or decrease prices in line with any change in VAT, local and UK taxes, embarkation/disembarkation fees, fuel surcharges, exchange rates, security charges or any fees chargeable for the services included in the cost of your holiday.
Should it be necessary to make any surcharges we will notify you of the relevant adjustments by issuing a new invoice. In any event we will absorb
all such increases where they form less than 2% of the total cost of your voyage or air package holiday (excluding any cancellation or amendment charges). Only amounts in excess of 2% will be invoiced to you, together with an administration charge of £1.00 per person together with an amount to cover agent’s commission. In the event that any surcharge means you paying in excess of 10% more on the original cost of your voyage or air package holiday, you will be entitled to cancel your trip with a full refund of all monies paid (except amendment fees). Should you wish to cancel under these circumstances you must exercise your right to do so within 14 days from the date of the invoice we send you showing the increase.
Should the price of your voyage or air package holiday go down due to changes above by more than 2% of your holiday cost then any refund due will be paid to you. Please note that travel arrange- ments are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual or other protection in place.
5.B VOYAGE AND AIR PACKAGE HOLIDAY Prices Do Not Include
• Travel Insurance • Luggage Handling • International Flights except where included in the Air Package Holiday Price • Optional Excursions • Gratuities
Optional Excursions booked before you travel or local excursions or other activities that you may choose to book and pay for whilst on holiday are not part of your voyage or air package holiday arrangements provided by us nor are we agents for the provider of the service. For any excursion or other activity you book before departure or with which you are assisted in arranging whilst on holiday, your contract will solely be with the supplier of the excursion or activity and not with Hurtigruten. We are not responsible for the provi- sion of your excursion or activity or for anything that happens during the course of its provision by the supplier.
6. IF YOU CHANGE YOUR BOOKING If you wish to change your travel arrangements after they have been confirmed we will do our utmost to help but it may not always be possible. Any request for changes to be made must be in writing by the person who made the booking or your travel agent. You will be asked to pay an administration charge of £60 per person and any further cost we incur in making this alteration. NB: most airlines will charge a fee for ticket changes. Costs may increase the closer to the departure date that changes are made. For example, the transfer within 60 days of departure of arrangements involving a scheduled flight will mean the cancel- lation and re-booking of this flight and a significant additional charge.
If you change the number of people in your party, the price of the arrangements will be recalculated for the new party size e.g. this may mean that accommodation is under-occupied and each mem- ber of the party may have to pay an increased price.
Any increase in price caused by changes you have requested is not a cancellation charge even though it may arise because a member of your party has cancelled. Any change by you to your confirmed arrangements after departure is in all cases subject to availability and any relevant costs.
7. IF YOU CANCEL You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent must be received at our offices. We recommend ‘Recorded Delivery’. Cancellation takes effect the day we receive your letter or email. Since we incur costs in relation to your arrangements from the time we confirm your booking you will have to pay the applicable cancel- lation charges as shown in the table below (which also applies if we cancel because you have failed to make payments on time - see ‘Payment’ section) together with the cost of any air fare for which we have had to pay at the time of the booking and will be payable immediately on cancellation.
When the cancellation letter is received by us before departure
60 or more days 42–59 days 28–41 days 14–27 days
Less than 14 days
Charges as a % of the total holiday cost (excl. insurance premiums)
Retention of deposit 30% 60% 90%
100%
If you have to cancel for a reason covered by your travel insurance you may be able to reclaim the cancellation charges, less applicable excess. Insurance premiums are not refundable.
8. IF WE CHANGE OR CANCEL YOUR BOOKING We reserve the right to change any of the details,
and correct any errors in this brochure or invoices at any time. If changes are made before you have made your booking we will advise you before we confirm your arrangements. We reserve the right in any circumstances to cancel your travel arrangements (for example if a minimum number of participants for a particular travel arrangements not reached, we may have to cancel it) and to change airline, aircraft types, vessels and itinerar- ies without liability for any subsequent loss. Even after we have confirmed your booking we may have to make alterations but we will not cancel your travel arrangements less than 60 days before your departure except for reasons of force majeure or failure by you to pay the final balance in full.
Most alterations will be minor and while we will do our best to notify you or your travel agent of any changes as soon as reasonably possible if there is time before your departure, we will have no other liability to you.
Occasionally we may have to make a significant change to your confirmed arrangements. Signifi- cant changes include the following:
• Change of UK departure airport. A change from one London airport to another is not considered a major change. London airports are Heathrow, Gatwick, Stansted, Luton and London City.
• Change of your time of departure or return by more than 12 hours.
• Change of your flight from a day flight to a night flight if this also includes a change to your departure time of 3 hours or more.†
• Change of resort. • Change of holiday accommodation to accomm- odation of a lower official rating.
† For the purposes of the contract night flights are those which depart from the UK between 2200 and 0600 hours or arrive in the UK between 2400 and 0600 hours.
If we have to make a significant change we will notify you as soon as possible and you may either:
(a) accept the change and the contract between us will then be varied to incorporate the change; or
(b) take alternative arrangements altogether (sub- ject to availability). If the alternative arrangements selected are a lower price than those originally confirmed the difference will (if already paid) be refunded to you.
(c) withdraw from the booking completely in which case we will as soon as possible, refund all money paid to us.
Passengers must give notice of their decision as soon as reasonably possible and not later than 7 days of being informed of the alteration. If you choose (a) or (b) above, you will receive as compensation a credit towards the cost of your arrangements, or any alternative selected, the amount shown in Scale A below. If you choose (c) we will pay you compensation shown in Scale B below. In all cases we will have no liability for any other or greater compensation or for expenses or losses incurred.
Period before departure date notifi cation given by us
0–7 days 8–14 days 15–28 days 29–42 days 43–59 days
More than 60 days
Credit/Compensation per fare paying passenger (excluding infants)*
Scale A Scale B £50 £40 £30 £20 £10 £5
£25 £20 £15 £10 £5
Nil
*The compensation shown above applies to full fare paying adults only. Children or others travelling at concessionary rates will receive compensation pro rata based on the concessionary price against the full adult price as shown on the confi rmation.
The above rates do not apply when we are forced to make changes which cause you to withdraw or cancel your arrangements, by reason of unusual and unforeseeable circumstances beyond our control and which we could not have avoided by the exercise of all due care and our only liability will be to refund, as soon as possible, all money paid to us by you. We are unable to accept liability or pay compensation where the performance or prompt performance of our contractual obligation is prevented or affected by reason of circumstances amounting to ‘force majeure’ i.e. any event which we or the supplier(s) of the service(s) could not, even with due care foresee or avoid. Such events may include, but are not limited to, war, threat of war or civil commotions, riots, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather, fire, flood, drought, government action, airport and port regulations and closures, technical transportation problems, maintenance to vessels, scheduling of transport and similar events outside our control.
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