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. 3.7 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. 3.8 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. 3.9 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. 3.10 This clause 3 also applies to Save a Sail offers (see brochure or contact FOCL’s administration department for more details). 3.11 Subject to clause 3.14, 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. 3.12 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. 3.13 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: 3.13.1 The Booking was made on board a FOCL Vessel; 3.13.2 The Booking is transferred on board a FOCL Vessel; and 3.13.3 The travel agent to whom the Booking is transferred is approved by FOCL at the time of the transfer. 3.14 A 1.5 % surcharge will apply to payments for any Booking made by credit card. FOCL cannot accept American Express cards for any transaction. 3.15 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. 3.16 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 apply for certain cruises). This reflects the minimum cost to FOCL of remarketing a cruise following cancellation. 3.17 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. 3.18 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 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. Please note on board accounts on River Cruises will be in Pounds Sterling, unless otherwise notified. FOCL will have no liability whatsoever in relation to disputes arising from on board accounts on River Cruises, which must be addressed directly to the vessel owner. Further details can be provided on request from the FOCL representative on-board. 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 vessel or flights and port of embarkation and disembarkation), schedule, cruise vessel 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 or for reasons of personal hygiene, 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 you or require you to disembark 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 and any other party with responsibility for Passengers’ safety during a Holiday will have the right to make, enforce and change (without prior notice) rules and policies for the conduct of Passengers 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 or the consumption of excessive alcohol will not be tolerated and FOCL reserves the right to require any Passengers that it or any other responsible party 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 a 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 all vessels used during your Holiday, and in public areas at ports
47
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50
