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 vessel 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. 10.16 Note the different provisions for River Cruises at clause 29.


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 vessel can be difficult and/or unsafe for anyone due to the inherent nature of vessels 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 (note this does not apply to River Cruises) and is available on request and on FOCL’s website. 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 vessel to shore tender service, involving steep flights of steps and/or the need to negotiate unsteady surfaces. Where vessel 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 or any other relevant party responsible for providing services as part of a Holiday, 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 or another party breaching national and international maritime safety 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”), must 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 (or any other regulations that might apply) relating to the use of Mobility Aids have not been reached for that particular cruise. If such limits have been reached, FOCL or any other operator 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 or the staff of any other relevant party responsible for providing services as part of a Holiday agree to carry or lift Passengers to facilitate boarding or disembarkation. FOCL and any other relevant party responsible for providing services as part of a Holiday 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 provide FOCL with full details at the time of booking so that appropriate arrangements can be made for their holiday, and keep FOCL advised if anything changes prior to departure. 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. 12.11 Note the different provisions for River Cruises at clause 29.3.


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 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 (24 hours for River Cruises). 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 Subject to the remainder of this clause 15, FOCL is happy to accommodate recognised assistance dogs on board its vessels, where this is permitted by law and does not put at risk the health or safety of Passengers, crew and the assistance dog in question. Not all Holidays will be suitable for assistance dogs and FOCL reserves the right to refuse embarkation of Passengers and their dogs, where this is the case. FOCL will provide a full explanation of the reasons for any refusal to embark in these circumstances. 15.2 You must give written notice to FOCL at


the time of


Booking if you wish to bring a recognised assistance dog on board a vessel. 15.3 Carriage of recognised assistance dogs on board is subject to animal health rules applicable to the voyage. 15.4 FOCL may 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 airline’s prices


in conjunction with a particular Holiday at the time of Booking then the fly-cruise option may be withdrawn or an alternative flight may be offered at an additional cost. 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, the exact route to be taken 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. 17.3 Passengers’


luggage allowance for River Cruises is one piece of luggage, weighing no more than 20kg.


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 third parties for the purpose of supplying the services that comprise 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.


49


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